Josh Duggar’s Child Pornography Case: Everything We Know About the Trial

Credit: Courtesy Josh Duggar/Twitter

Josh Duggar’s Child Pornography Case: Everything We Know About the Trial

Josh Duggar faced up to 20 years in prison after being convicted of possessing and receiving child porn in late 2021. He was officially sentenced to a little more than 12 years in May 2022 and has since appealed the judgement. One day after news broke in April 2021 that the 19 Kids and Counting alum was arrested in Arkansas on the child pornography charges, Us Weekly confirmed that he was indicted on the counts. The U.S. Attorney’s Office in the Western District of Arkansas revealed the nature of the charges in a press release on April 30, 2021. “A Springdale man was arrested yesterday for receiving and possessing material depicting the sexual abuse of children,” the release began. “According to court documents, Joshua James Duggar, 33, allegedly used the internet to download child sexual abuse material. Duggar allegedly possessed this material, some of which depicts the sexual abuse of children under the age of 12, in May 2019.” Josh, the eldest child of Jim Bob and Michelle Duggar, was detained without bond. He was released from jail in May 2021 and was allowed to see his children with supervised visits — though he was not allowed to live with them. The news ​of Josh's April arrest came days after his wife, Anna Duggar, announced that the pair are expecting their seventh child. “It’s a GIRL!!!!!” Anna wrote via Instagram on April 24, 2021. “We are overjoyed to announce baby seven is on the way and we can’t wait to hold her in our arms this fall!” The twosome, who wed in 2008, share seven kids: Mackynzie (born October 2009), Michael (June 2011), Marcus (June 2013), Meredith (July 2015), Mason (September 2017) and Maryella (November 2019) Madyson Lilly (born October 2021). ​While the Duggars have acknowledged Josh's behavior was wrong, multiple family members — including Anna, Michelle and Jim Bob — have publicly supported Josh and attended his trial. In May 2022, Michelle and Anna sent letters to the judge praising him and pleading that he get the minimum sentence of five years. The former TLC personality is no stranger to controversy. Back in 2015, he made headlines when resurfaced court documents revealed he molested five girls — four of which were related to him — between 2002 and 2003. He was 14 and 15 years old at the time. [jwplayer HIvVAcjr-zhNYySv2] “Twelve years ago, as a young teenager, I acted inexcusably for which I am extremely sorry and deeply regret. I hurt others, including my family and close friends,” he said in a statement via Facebook at the time. “We spoke with the authorities where I confessed my wrongdoing, and my parents arranged for me and those affected by my actions to receive counseling. I understood that if I continued down this wrong road that I would end up ruining my life.” Josh and Anna’s marriage hit another rough patch that August after his Ashley Madison account was revealed. He subsequently sought treatment and the couple began counseling. “Since the residential treatment program ended, we have been working with a professional marriage and family counselor to take important steps toward healing,” Josh and Anna wrote in a statement in March 2016. "As the future unfolds, we are taking one day at a time and we are grateful for your continued prayers for both of us and our sweet children.” After delays, Josh was sentenced on May 25, 2022. Scroll through for everything we know about the case. This is an ongoing article that was originally published on April 30, 2021, and last updated on November 30, 2022.

Credit: Washington County Police Dept.

The Arrest

Us confirmed on April 29 that Josh was arrested and taken into custody at the Washington County jail in Arkansas.

Credit: Courtesy Josh Duggar/Twitter

The April 30 Hearing

During his April 30 hearing, Josh appeared via Zoom with lawyer Justin Gelfand. Wearing a light and dark gray-striped prison attire, he smiled as his attorney entered a not guilty plea on his behalf.

Credit: Courtesy Josh Duggar/Twitter

The Bond

Josh is currently being held without bond, but he can request to be released during a May 5 hearing.

“I will also advise you that any proposed third-party custodian, it would need to be in a residence, where there are no minors in the home,” the judge told Josh and his lawyer on April 30. “So, you all would need to be looking for somebody that will ensure compliance with conditions of release and can ensure to the court that there are no minors in the home, or that would be visiting unsupervised.”

Credit: Courtesy Josh Duggar/Twitter

The Charges

“Duggar is charged by indictment with receiving and possessing child pornography,” the U.S. Attorney’s Office’s press release read. If he’s found guilty, the reality TV personality faces up to 20 years in prison and $250,000 in fines for each count.

Credit: Courtesy Josh Duggar/Twitter

The Family Reaction

“We appreciate your continued prayers for our family at this time,” Jim Bob and Michelle said in a statement to Us via their family rep on April 30. “The accusations brought against Joshua today are very serious. It is our prayer that the truth, no matter what it is, will come to light, and that this will all be resolved in a timely manner. We love Josh and Anna and continue to pray for their family.”

Josh’s sister Jill Duggar and her husband, Derick Dillard, who aren’t on the best terms with the family, released a statement of their own, reading, "We just found out this information yesterday. It is very sad."

Jinger Duggar and Jeremy Vuolo later took to Instagram to react: “We are disturbed to hear of the charges against Josh. "While this case must go through the legal system, we want to make it clear that we absolutely condemn any form of child abuse and fully support authorities and judicial process in their pursuit of justice."

Credit: Courtesy of Anna Duggar/Instagram

May Hearing

Josh was granted a release on bond for May 6 following his May 5 virtual hearing. The judge, however, stated that he could not return home because there are “six minor children that live in your house.” His other release conditions include unlimited contact with his kids as long as his wife is present. The reality star cannot be around any other children, however, and will be monitored via GPS whenever he leaves the home confinement at pastor Lacount Reber and Maria Reber's home, where he is staying. He can go to church, work, legal appointments and receive medical care.

Credit: Patsy Lynch/Shutterstock

Bump in the Road

Josh’s attorney filed a motion on June 17, asking for his trial to be pushed from its July 2021 start to February 2022, claiming it will take that long for their forensic expert to go through the devices that contain evidence pertaining to the case. The lawyer also claimed that Josh’s team did not receive some of the additional discovery files from prosecutors, including reports from outside investigators who are also involved in the case, which they will need time to review before going to court.

“Remarkably, the Government also recently disclosed — for the first time and only by way of a screenshot of an unidentified database — that two other Arkansas state law enforcement agencies allegedly participated in this investigation at least in a minimal capacity,” the attorney wrote in the court documents obtained by Us. “The search warrant applications make no reference to these agencies, the Special Agent’s testimony at the detention hearing made no mention of these agencies, and the remainder of the discovery does not reveal which agencies participated and what, if anything, these agencies did.”

Credit: Courtesy of Anna Duggar/Instagram

The Extension

Documents obtained by Us in June 2021 confirmed that a judge signed off on Josh's request to move the trial date back — but only by four months. Pretrial proceedings were rescheduled to November 18, 2021, with the trial beginning on November 30.

Credit: Courtesy of Anna Duggar/Instagram

Next Steps

Josh's lawyers filed a motion to dismiss two of the charges against him — including one count of receiving child pornography and one count of possessing child pornography — claiming in August 2021 court docs that prosecutors failed to preserve evidence that could potentially prove his innocence. Another motion requested to dismiss the indictment because two acting secretaries at the U.S. Department of Homeland Security had not been officially appointed at the time of Josh's investigation.

Credit: YouTube

Evidence Ruling

In September 2021, federal prosecutors filed a response to the defendant’s motion one month prior, in which Josh’s legal team asked a judge to suppress “photographs law enforcement took of Duggar’s hands and feet while requiring him to pose for the photographs in custody.” His attorneys are claiming that the U.S. Department of Homeland Security investigators did not have a warrant, so they should not have been allowed to take those pictures.

However, the federal prosecutors on the case claimed in their September filing that there is no basis for a judge to dismiss the case against the TV personality or suppress any evidence, including photos of his hands taken during his arrest.

"While the defendant was being processed as he was taken into custody, a special agent with the Department of Homeland Security, Homeland Security Investigations (‘HIS’) asked the defendant if he could photograph the defendant’s hands. The defendant expressly consented to having the photographs taken,” the filing states. “At no time during this process did the special agent or any other law enforcement officers involved in the processing of the defendant raise their voice at him, intimidate him, or verbally or physically threaten him. The photographs document a scar on the defendant’s hand, which is plainly visible. Law enforcement observed the same scar in images recovered from the defendant’s electronic devices seized pursuant to a search warrant in this case."

A court hearing has been set for October 4, 2021, where both sides can discuss the various motions that Josh and his legal team filed to suppress evidence, including the pictures that investigators took at the time of his arrest.

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Motions Denied

In September 2021, a judge denied four of Josh’s five motions in the child pornography case, including the motion to suppress statements that the TV personality allegedly made to federal agents during the investigation.

The defense’s motion to dismiss the case entirely was also denied, as was their attempt to suppress photographs taken of their client’s hands and feet at the time of his arrest. The motion to dismiss the indictment because of who was in charge of the Department of Homeland Security at the time was also rejected. The fifth motion, which is tied to suppressing evidence, hasn’t been ruled on by a judge.

Credit: Patsy Lynch/Shutterstock

Keeping the Past in the Past?

After the prosecution filed a motion to include evidence from Josh’s previous molestation scandal in the trial in November 2021, his legal team filed paperwork of their own to attempt to prevent his past from being brought up in the case, according to reports.

Credit: Courtesy of Anna Duggar/Instagram

The Trial Begins

On November 30, Josh reported to court in Fayetteville, Arkansas, for the start of his trial after the judge agreed to delay it by four months. His wife, Anna, accompanied him, and they walked into the building hand in hand alongside his legal team. One day earlier, Jim Bob testified on behalf of Josh at an evidentiary hearing about whether the prosecution could mention his past molestation scandal during the trial. 

According to E! News, “longtime family friend” Bobye Holt claimed to the judge that Josh told her he “inappropriately touched the vagina of” a girl in March 2003 and had been “touching the breasts and vaginal areas” of three other girls “both over and under their clothes for years.”

During his testimony, Holt told the judge that Josh allegedly confessed to him because "he was courting her daughter and that their relationship would have to end as a result of his conduct."

Holt also alleged that Josh “told her that he had digitally penetrated” one of the victims years after his initial confession in 2003.

Credit: Danny Johnston/AP/Shutterstock

The Jury

After questioning 52 potential jurors, 12 people (plus four alternates) were selected for Josh’s trial. One of the men questioned (and dismissed) identified himself as the father of one of Josh’s brothers’ wives.

Credit: Courtesy of Jill Dillard/Instagram

Derick Dillard Attends

One day after Jill and Jed Duggar were named as "confirmed or potential witnesses" in Josh Duggar's trial, Jill's husband, Derick Dillard, attended Josh's trial. He sat next to Anna in the courtroom on December 1.

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Convicted

On December 9, Josh was convicted on two charges of receiving and possessing child sexual abuse material after a six-day trial. His sentencing will occur at a later date. Ahead of the jury deliberation, Josh's brother-in-law Derick tweeted, "Praying for justice this morning." Judge Timothy Brooks later dismissed Josh's count of possessing child pornography when ruling that it was included in the count of receiving child pornography.

Credit: MEGA

Jail Cell Change

One day after his conviction, Us confirmed that Josh was moved to solitary confinement due to safety reasons. He will be kept away from fellow inmates as he awaits his sentencing.

Credit: Courtesy of Anna Duggar/Instagram

No Conjugal Visits

As Josh awaits sentencing, he will not be permitted conjugal visits with his wife, Anna, because Arkansas does not allow private visits between spouses in state-run jails. If he is sentenced to federal prison in 2022, he will not be allowed conjugal visits there either. According to the Bureau of Prisons website, conjugal visits are not permitted in any BOP facility. 

Credit: YouTube

Sentencing Date Set

A judge set the former reality TV star’s sentencing hearing for April 5, 2022, according to legal filings obtained by Us Weekly in February 2022. He faces up to 20 years in prison and fines up to $250,000 for each of his two counts.

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A Motion to Delay Sentencing

Us confirmed in March 2022 that Josh filed a motion to postpone his April 5, 2022, sentencing date. His legal team claimed they could not schedule all the necessary meetings due to COVID-19 delays. A judge later granted the motion, moving the sentencing to May 25, 2022.

Credit: Courtesy Duggar Family/Instagram; Courtesy Anna Duggar/Instagram

Michelle and Anna Duggar's Pleas to the Judge

Josh's mother and wife, along with other family members and friends, wrote detailed letters to the judge presiding over the case on May 11, 2022, begging him to not sentence Josh to the maximum 20 years — in part due to his financial and emotional contribution his household. 

"Joshua has a tender heart and he is compassionate toward others," Michelle, who dotted her "i" with a heart, wrote in her letter, which was obtained by the Daily Mail. Anna called her husband "the kindest person I know." She also claimed he is a "loving, supportive and caring father” to their kids and said that she and Josh are "happily married."

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The Defense Asks for the Minimum Sentence

Per documents obtained by local news site KNWA in May 2022, Josh's defense team asked for the minimum sentence of five years before his court date.

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The Prosecution Wants Justice

The legal papers obtained by KNWA in May 2022 also stated that the prosecutors were gunning for the maximum sentence for Josh: 20 years behind bars.

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The Sentencing

Josh was sentenced to 151 months — or 12.5 years — in prison on May 25, 2022. He will be transferred to a federal prison in the near future to begin serving his time. Arkansas judge Timothy L. Brooks called his crimes “the sickest of the sick” during the sentencing hearing.

Credit: Courtesy Anna Duggar/Instagram

Fighting Back

The former TV personality filed an appeal in Arkansas in June 2022, just two weeks after he was sentenced to more than 12 years in prison for possessing and receiving child pornography. “Duggar respectfully provides notice of his intent to evaluate and pursue any and all meritorious arguments in his appeal to the United States Court of Appeals for the Eighth Circuit,” the petition read.

The documents also confirmed that the father of seven is currently incarcerated at Washington County Detention Center in Fayetteville, Arkansas. Despite being convicted of two counts of receiving and possessing child pornography in December, the June appeal stated that Josh is down to one count of receiving child pornography, which is what he was sentenced for and is fighting.

Credit: Courtesy of Anna Duggar/Instagram

Federal Lockup

On June 24, 2022, Josh was transferred from Washington County Jail to FCI Seagoville. He is expected to serve the rest of his sentence there, pending the outcome of his appeal.

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His Release Date

In July 2022, In Touch reported that Josh will be released from prison on August 12, 2032, meaning that he'll serve just over 10 years of his 12.5 year sentence. He is legally required to serve 85 percent of his 151-month sentence — about 10.5 years — before he can be considered for parole.

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U.S. Government Grants Josh's Request for an Appeal Extension

The United States government is "not opposing" the convicted felon's request for more time on his appeal, Us can confirm, allowing his team an extension of 14 more days to work on the case.

"Duggar is appealing his one-count conviction following a criminal jury trial. Duggar’s opening brief was filed on October 4, 2022," the documents, obtained by Us, state. "The United States filed its response on November 22, 2022. Given the complexity of the issues on appeal and the need for undersigned counsel to confer with Duggar, who is in custody, Duggar respectfully requests an additional 14 days within which to file his reply brief."