Judge Barbara Kahn
Murphy was conviction of 19 counts of possessing child pornography. A Risk Level Assessment hearing was held to determine Murphy’s sex offender designation. Prosecutors, rather than the Board of Examiners of Sex Offenders, prepared the Risk Assessment Instrument (RAI) as Murphy was sentenced to 10 years of probation supervision, and assigned him a score of 95 indicating a presumptive Level Two designation. They sought an upward modification to a Level Three designation, or alternatively, to maintain the Level Two. Murphy objected arguing he should have properly scored 45 points, as the board’s RAI would have shown, granting him a Level One designation, or alternatively, to be granted a downward departure to Level One. Prosecutors and the board disagree as to the appropriate assessment of points. The court found the board’s approach preferable, ruling Murphy should have properly scored 45 points on the RAI and been designated a Level One offender. However, it took into account factors that were not otherwise taken into account on the RAI, including the length of time Murphy collected the child porn, and the nature of the images, granting prosecutors’ motion for an upward departure and adjudicating Murphy a Level Two sex offender.
