Bedford man loses appeal

Bienert claimed photos of children on nude beach weren’t child porn

A 75-year-old Bedford man has failed to convince the Pennsylvania Superior Court that it was OK for him to view photos of naked children if those youngsters were among participants in a nudist colony or on a nudist beach.

Michael Bienert was arrested in 2022 after the National Center for Missing and Exploited Children forwarded a tip to local authorities about a file containing child pornography that was stored on a Microsoft OneDrive.

Microsoft provided the user ID information that enabled police to view the file.

Police were able to confirm the file depicted young children and they executed a search warrant at Bienert's Bedford home.

During an ensuing interview, Bienert stated he did not believe the contents of three files confiscated by police constituted child pornography and he contended he did not view child pornography.

However, on Sept. 12, 2022, he entered guilty pleas before Bedford County Judge Travis W. Livengood in which he acknowledged possessing 10 images of child pornography.

The judge ordered a presentence investigation and a review of the case by the Pennsylvania Sexual Offenders Assessment Board.

The assessment board concluded Bienert was not a sexually violent predator.

However, when it came to sentencing Bienert, the judge expressed concern about statements Bienert made to court officers who prepared the presentence report.

Bienert, a German native, stated that he grew up in Europe, noting "obviously in Germany, where sex is not a problem."

"No one in Europe is in the closet about their sexuality," he argued.

Bienert explained that he is part of the "free baldy culture" in which participants are not ashamed of being nude.

He explained that he would look up photos "every couple of weeks" of nudist colonies. The photos did not include anything that was "crazy," he stated.

Bienert didn't believe the photos he was acquiring involved pornography.

The judge responded to Bienert's assessment by stating "the problem is the description of these images being nothing crazy is hard for this court to accept because these are children under 10 years old."

Bienert's contention was there was nothing wrong with what he did. He also stated he didn't think he should go to jail because he has been a good citizen and caused no harm to anyone.

The judge expressed concern that in view of Bienert's attitude, "He's going to re-offend, and pretty quickly I would think."

Livengood sentenced Bienert to a jail term of 3 to 10 years for possessing pornography and ordered him to register with police as a sex offender for a period of 15 years.

Bienert made an unsuccessful attempt to withdraw his guilty plea and then appealed his sentence to the Superior Court, noting it was excessive in view of the state guidelines for the offenses (9 to 16 months).

He also argued that the statute that requires registration likely will be ruled unconstitutional.

Superior Court Judges Alice D. Dubow, Mary P. Murray and Megan Sullivan on Tuesday dismissed Bienert's appeal.

The panel concluded that Judge Livingood "adequately articulated his reasons for imposing a sentence outside the guideline. On review, we cannot conclude (Bienert's) sentence is unreasonable."

As to the registration requirement, the panel pointed out that the Pennsylvania Supreme Court is reviewing the law but stressed the law remains on the books.

"If our Supreme Court ultimately declares (the registration law) unconstitutional, appellant may seek relief at that time," the Superior Court opinion stated.

Bienert is presently incarcerated in the State Correctional Institution Laurel Highlands in Somerset County.