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Probation possible for man jailed on child porn charges

Christian Imperial

A man who has been in jail for longer than his sentence for child pornography may soon be released.

Christian S. Imperial, 22, of Warren, was sentenced to a maximum of two years minus one day plus three years of probation on Feb. 20, 2015, on a felony charge of disseminating photo or film of child sex acts; and an additional three years of probation on a felony charge of criminal use of a communication facility.

Imperial was before Judge Gregory Hammond on Thursday to discuss the possibility of his release.

The release conditions placed on Imperial at the time of sentencing, including that he complete sexual offender counseling, have not been met, according to Hammond.

“I turned down requests for parole on at least two requests because he had not completed the program,” Hammond said.

“The Commonwealth would be satisfied if your honor were able to craft a probation period… with the most restrictive intermediate punishment…” Deputy Attorney General Jessel Costa said.

He asked that GPS tracking be part of the probation requirement.

“We definitely want to continue treatment,” Attorney Gregory Davidson, representing Imperial, said. “In addition, he wants to complete his GED.”

Before agreeing to release Imperial, Hammond said he wanted to see a full “signed and executed” list of the requirements, including: completion of sexual offender counseling, an immediate drug and alcohol evaluation and compliance with all recommendations, meeting all requirements of the federal Sex Offender Registration and Notification Act (SORNA), and the implementation of GPS monitoring.

He added several other conditions to Imperial’s release. “There will be no devices of any kind in the home that provide access to the internet,” Hammond said. That means smart phones will not be allowed to be brought into the home by anyone who lives there.

“There will not be any children in that home, period,” he said. “If that is a hardship… I’m more concerned about potential victims.”

“Mr. Imperial will not be employed” anywhere that employs people under the age of 18 or, like a restaurant, serves people under 18, Hammond said.

Hammond added the completion of the GED to the list of requirements Imperial must meet before the end of his probation period.

“If, for whatever reason, all of these conditions can’t be met, then there won’t be any release,” he said.

Costa noted for the record that a subsequent offense by Imperial that is a Megan’s Law sexual offense would result in a “mandatory 25 years” and a third offense would bring a “mandatory life” sentence.

Hammond warned Imperial that any failure to comply with the requirements of his release “will result in your probation being revoked” and a term in state prison.

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