Eighteen-year-old James McMahon '01 from Great Falls, Va., was arrested on Friday on one count of Possession of Child Pornography after turning himself in to the Hanover Police.
New Hampshire state law states that a person is guilty of a child pornography misdemeanor if the person "buys, procures, possesses or controls any visual representation of a child engaging in sexual activity."
The arrest resulted from a seizure by search warrant of McMahon's computer in February.
McMahon was released on bail on Friday. According to the Associated Press, his lawyer admitted to McMahon's possessing images on computer and said McMahon would take responsibility for them.
Last night McMahon deferred all comments to his lawyer, George Ostler. Ostler was unavailable for comment.
The Hanover Police charge was a Class A misdemeanor, which means McMahon can be sentenced to up to one year in prison, be put on probation and be fined up to $4,000 under New Hampshire state law, if convicted.
Dean of the College Lee Pelton told The Dartmouth yesterday that he was not aware of McMahon's arrest. Pelton said there are no specific rules on child pornography in the student handbook, but students who violate state or federal laws can be punished by means ranging from a reprimand to a separation from the College.
In addition to imprisonment and fines, misdemeanor sexual offenders in New Hampshire -- including violators of child pornography laws -- are "registered for a 10-year period from the date of release" from prison with the department of safety, their local division of state police, and in a name database controlled by New Hampshire law enforcement, as described in New Hampshire's criminal code. This registration includes the offender's mailing address, residence and any change in address if the offender moves to a new location.
McMahon's arraignment will be on May 12 at the Lebanon District Court.
McMahon changed residence hall rooms at the beginning of this term. His two former roommates, both of whom are staff members of The Dartmouth, declined to comment about McMahon's arrest.
McMahon's new roommate, who requested to remain anonymous, said McMahon moved into the bed vacated by his previous roommate, who left to go on a Mormon Mission. He said he is aware of McMahon's arrest.
"I really don't know what happened, but I'm not going to judge him," the new roommate said. "I've only known him for six days. He's a nice guy, and he's a roommate. That's his business."
Child pornography also falls under the jurisdiction of federal law, which states that a person who "knowingly possesses ... visual depiction involv[ing] the use of a minor engaging in sexually explicit conduct" is subject to up to five years in prison and a fine up to $100,000. The FBI has completed over 91 arrests and 83 felony convictions related to child pornography.
