Convicted child-porn peddler asks court for non-prison punishment so he can advocate for trans daughter

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The father of a trans athlete at a New Hampshire high school is requesting a non-prison sentence for his child pornography distribution charges, citing his advocacy for his trans daughter's fight to play in girls' sports in a letter to the federal judge.

Marc Jacques, the father of New Hampshire high school trans athlete Maëlle Jacques, was sentenced on Sept. 9 to 60 months behind federal bars, according to court documents obtained by Fox News Digital. The U.S. Probation Office allowed him to get his affairs in order before reporting to prison in December.

In his letter to U.S. District Judge Paul Barbadoro, Jacques argues his collaboration with the ACLU and GLAAD is essential to support Maëlle's fight to be able to continue playing in girls' sports teams. 

He noted in the letter that Maëlle does not have the support of Maëlle's mother because of Maëlle's transgender identity. Jacques wrote that he has had full custody for the last several years, making him the sole support system for Maëlle and Maëlle's brother, Remi.

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"As a transgendered teen, Maëlle has had a very, very tough time finding acceptance and seeking to love themselves. Since the Spring of 2023, Maëlle has faced online bullying, vicious attacks on social media and has been the subject of discrimination in pamphlets distributed publicly throughout our school district, as just some examples," Jacques wrote.  

"Before finding joy in school sports, Maëlle suffered from anorexia, depression and anxiety and practiced self-harm (cutting). Since the NH Legislature began their attempts to take rights away from Maëlle and other trans teens this past legislative session, Maëlle has become more anxious once again and has had episodes of self-harm," he said.

Maëlle is also seeking out medical advice on gender transition treatments, his letter notes, "and with her mother being adamantly opposed to gender-affirming medical care, I am Maelle's sole support system."

"The Pediatric Endocrinologist at DHMC is also exploring the option of providing a medical opinion that the gender dysphoria from which Maëlle is suffering can be declared a disability, most notably in the context of the sports ban," Jacques wrote. 

"This potential option is another strong example of Maëlle needing my support and caretaking as her mother and stepmother will oppose this option and any other option which could lead to Maëlle’s playing high school sports."

Maëlle also submitted a letter to the judge pleading for a non-custodial sentence for Jacques, and said that Jacques has been attending therapy and group rehab for his crime.

"If I were unable to stay with him due to a prison sentence, it would be a major strike to my own mental stability as I would lose the home I grew up in and the safety I feel inside of it, as well as the sheer support from him which I simply do not receive at my mother’s," Maëlle wrote. "The work I have begun to do with the ACLU in regard to my existence as a trans girl in sports is also reliant upon his moral support in my testifying and meeting with Senators. A prison sentence would also harm me and my brother’s future as we would stop receiving support for college payments without his salary."

The judge has not ruled on a non-custodial sentence for Jacques.

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Soccer ball (Getty Images)

Prosecutors allege Jacques shared child sexual abuse material online

According to court documents obtained by Fox News Digital, Jacques pleaded guilty to one charge of distribution of child pornography.

In February 2022, authorities began investigating multiple CyberTips reported to the National Center for Missing and Exploited Children (NCMEC) by MediaLab/Kik, prosecutors wrote in court documents. The platform flagged that a user named "wayne9985" had uploaded 49 files that appeared to depict child sexual abuse material (CSAM) to other users through private messages between Nov. 24 and Dec. 6, 2021.

Investigators identified Jacques as the user behind the Kik account after tracing IP addresses linked to some of the uploads, including one from his home in Newbury and another from his girlfriend's residence in Hopkinton. Further inquiries revealed that Jacques' residential IP address had been associated with over 40 prior CyberTips reported by Reddit, Google, Tumblr, and sendvid from 2018 to 2022. A search of Jacques' Kik account showed he had disseminated at least 26 files of CSAM via private messages on various dates in November and December 2021.

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Maëlle's high-profile battle with New Hampshire law

Maëlle, a student at Kearsage High School in New Hampshire, is nearly 6-feet in height, according to multiple reports. Jacques was allowed to play for Kearsage's Regional despite a state law in New Hampshire that restricts transgender inclusion in girls' sports. However, a federal judge's ruling in September put Maëlle right back onto the field and into the locker room with the other girls' athletes.

New Hampshire Governor Chris Sununu signed House Bill 1205, also known as the "Fairness in Women’s Sports Act," into law in July, which prohibits trans girls and women from competing on girls’ and women’s sports teams. But then Maëlle's family, along with the family of another transgender athlete, sued to block it. 

A federal court granted a preliminary injunction on Sept. 10, which meant that the two athletes would be allowed to play until a final ruling is made. A final ruling has not been made, so they have continued to play despite the state law. 

The judge who made the ruling, Landya McCafferty, is a liberal who was appointed to her seat by former President Obama in 2013. 

Jacques' re-arrest

Jacques was re-arrested on Friday, according to a local report, and is accused of obtaining more illegal images after his sentencing.

A probation officer reported that pretrial internet monitoring reports showed Jacques accessed a data storage device, which appeared to contain more videos of child sexual abuse material, around Aug. 10 and Sept. 16.

Court documents reportedly show that an arrest warrant was issued for Jacques, leading to his re-arrest on Friday. He is scheduled to be arraigned on Monday at the U.S. District Court in Concord.

Fox News Digital's Jackson Thompson contributed to this report.