Smartsville man sentenced to prison for possession of child pornography | TheUnion.com
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Smartsville man sentenced to prison for possession of child pornography

A Smartsville man who pleaded no contest to charges of child pornography possession has been sentenced to two years in prison, authorities said.

Marcus Krause

Marcus John Krause, 71, was sentenced in February by Nevada County Superior Court Judge Robert Tice-Raskin shortly after the judge heard from an advisory board recommending that Krause be given a prison sentence rather than just probation.

Records show Krause was booked Monday into the Nevada County Jail.



Krause’s defense attorney had argued for a sentence of five years’ probation and home detention. His counsel stressed mitigating elements in the case, such as Krause’s age and his lack of a significant criminal record.

Prosecutors pushed for a more severe judgment for the defendant, pointing to numerous aggravating factors.



According to Assistant District Attorney Chris Walsh, such factors included the extreme number of lewd images discovered on Krause’s electronic devices, as well as the vulnerability of the victims involved in his case.

Last year, investigators searching Krause’s computer files found more than 30,000 photos and more than 1,000 videos depicting juveniles engaged in sexual acts. Krause had regularly downloaded and viewed this material during a period stretching over 10 years, prosecutors alleged.

After listening to both sides in an initial January hearing, Tice-Raskin sought a diagnostic test from the California Department of Corrections and Rehabilitation to determine whether probation only would be sufficient for Krause. During a diagnostic, an individual is evaluated by prison officials who look at factors such as a subject’s behavior, level of remorse, and perceived threat level to society in order to come up with a recommendation, Walsh said.

Krause was sent back to custody for a period of 90 days and evaluated by CDCR officials, who ultimately recommended that a prison term be imposed. Tice-Raskin followed the agency’s suggestion and sentenced Krause to two years in prison as well as an additional eight years’ probation. Krause will also have to register as a sex offender with the state of California.

Walsh said that the case highlights the gravity with which law enforcement officials view cases involving the sexual exploitation of minors, and hailed the sentence as a just penalty for a serious offender.

“I felt like prison here was the appropriate sentence. Anytime that you have an individual engaged in downloading child pornography, we’re going to look at that as a very serious crime,” he said.

Defense attorney Michael Meehan, who represents Krause, couldn’t be reached for comment.

Stephen Wyer is a staff writer with The Union. He can be reached at wyer@theunion.com.


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