ALBANY, N.Y. — A federal appeals court has upheld the child pornography conviction of a New York man who superimposed the faces of teenage girls onto sexually explicit photographs of nude adults in his computer.
The Second Circuit Court of Appeals panel says Joseph C. Hotaling’s digital alterations are not expressive free speech protected under the First Amendment. The 50-year-old argues that his fantasies didn’t actually hurt children.
While there was no evidence Hotaling distributed the images, the three judges say they showed six identifiable girls, putting them at risk of psychological harm and damage to their reputations.
In the ruling Monday, the panel also upheld Hotaling’s 78-month sentence for a single count of possessing child pornography, including an increase for an image showing “sadistic conduct” of one girl handcuffed and wearing a dog collar.
