Rochester man gets 90 days in jail for child porn

Borland must also serve five years of probation and either pay a $500 fine or complete 50 hours of community service.

Bryan Leroy Borland

A Rochester man who pleaded guilty to 10 counts of child pornography possession has been sentenced to just 90 days in jail.

Bryan Leroy Borland, 33, was convicted on 10 felony charges, but the felonies will become misdemeanors if he completes all the requirements of his sentence. In addition to 90 days in the Olmsted County Adult Detention Center, Borland must also serve five years of probation and either pay a $500 fine or complete 50 hours of community service.

Borland was also granted a work release, meaning he can continue working at his place of employment but must return to jail at the end of his shift.

Rochester police were tipped off by the Internet Crimes Against Children Task Force Program in the summer of 2020, and they arrested Borland that August. According to a criminal complaint, a folder found in Borland’s bedroom contained roughly 133 printed images of child porn.

Minnesota is one of the most lax states in the country when it comes to punishing child sexual predators. Approximately 85-90% of those convicted of possessing child pornography only get probation, according to Michele Lentz of the Child Protection League, a nonprofit that seeks to protect children from indoctrination, exploitation, and violence.

Commenting on Borland’s light sentence, Crime Watch Minneapolis remarked that it’s not an “anomaly” or “downward departure.”

“This is our system. The sex offender sentencing grid calls for a stayed sentence on the crime. AND, he can do it a bunch more times before ever going to prison,” Crime Watch said.

Early last year, two sets of companion bills to increase the penalties of child porn convictions were introduced in the Minnesota House and Senate: HF 229 and SF 1220, and HF 226 and SF 1826. Although authors have been added to each bill, they still have not made it out of committee.

“We must demand our legislators take meaningful action to combat the sexual crimes committed against our children and toughen up mandatory sentencing,” wrote Lentz in a commentary for Alpha News. “Silence is not an option, because silence is a decision not to act. We must speak up. It is time for all of us to speak up for those who cannot defend themselves.”