Chad T.B. Steiner v. State of Indiana (mem. dec.)
79A05-1606-CR-1544
| Ind. Ct. App. | Jan 31, 2017Background
- In Jan 2016 police searched Chad T.B. Steiner’s home and seized his computer, finding videos and photographs of child pornography, including a video labeled “km8b.wmv.”
- Evidence showed Steiner exchanged child-pornography images or gallery passwords with at least 25 email addresses between Jan–Nov 2015, ran galleries on Image Source (95 photos) and primejailbait.com (108 photos, 40,000+ views), and posted images over multiple years (account created Jan 2013).
- Steiner was charged with level 5 child exploitation and two counts of level 6 possession of child pornography; he pled guilty to the level 5 count and one level 6 count (the km8b.wmv video) under a plea agreement; one count was dismissed.
- At sentencing the trial court found mitigating factors: guilty plea, acceptance of responsibility, lack of criminal history, and family/friend support; it found aggravators: multiple victims, victim recommendation for an aggravated sentence, and a prolonged course of conduct.
- The court imposed concurrent terms: four years (level 5) and 1.5 years (level 6) with three years executed, one year suspended. Steiner appealed, arguing the court abused its discretion by omitting mitigating factors (remorse, work history) and by relying on improper aggravators.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion by failing to find remorse as a mitigating factor | State: trial court implicitly accepted acceptance of responsibility; no error | Steiner: court failed to find remorse separately | Court: acceptance of responsibility sufficed; remorse was effectively found or properly discredited — no abuse of discretion |
| Whether the trial court abused discretion by failing to find work history as a mitigating factor | State: employment evidence in PSI was minimal; no clear support for long-term employment | Steiner: argued 20 years at same job merited mitigation | Court: record lacked support for claimed 20-year employment; no abuse in omitting work history as mitigator |
| Whether the trial court improperly used “course of conduct/period of time” as an aggravator | State: evidence showed multi-year activity and postings predating arrest | Steiner: claimed temporal scope was within charged period and inherent in offense | Court: multi-year posting, galleries since 2013 and exchanges with many addresses supported finding of prolonged conduct — valid aggravator |
| Whether multiple victims was an improper aggravator because it’s inherent in the charges | State: evidence showed distinct victims from different jurisdictions and numerous images | Steiner: contended multiplicity was inherent in offenses | Court: distinct victims and numerous postings supported multiple-victims aggravator — valid |
Key Cases Cited
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (standard for appellate review of sentencing and when a trial court abuses discretion)
- Sandleben v. State, 29 N.E.3d 126 (Ind. Ct. App. 2015) (trial court’s credibility determinations at sentencing will be accepted absent impermissible considerations)
- Healey v. State, 969 N.E.2d 607 (Ind. Ct. App. 2012) (principles governing appellate review of alleged sentencing errors)
- Espinoza v. State, 859 N.E.2d 375 (Ind. Ct. App. 2006) (employment history in PSI alone may be insufficient to establish a mitigating factor)