That's what his attorney is seeking.
Last month, Powell was convicted of 14-counts of voyeurism and he will be sentenced Friday in a Tacoma Washington court.
Prosecutors are recommending ten years in prison.
In court documents, Powell's attorney argues "the state is seeking a sentence equivalent to a conviction for assaulting or raping a child.... it would be an abuse of discretion."
In his presentence filing Powell's attorney claims 12 of the 14 counts are redundant and amounts to double jeopardy. The defense claims as a result only two of the convictions should be considered.
They also claim the two young girls were not physically harmed and would never have known about the crime if police had not contacted them.
But that’s not what the attorney representing the two young girls believes.
Anne Bremner who is also the Cox family attorney, is now representing the two victims.
“They've really been injured by this and it's something that is such a violation to them not knowing for all that time that he was photographing them,” Bremner says.
She plans to give Powell a copy of their civil lawsuit Friday during sentencing.
Meanwhile, prosecutors will urge for a tougher sentence. Grant Blinn says it has nothing to do with the fact that this is a high profile case but because Powell won't apologize.
“The victims have never shown to us that they want him to be shown any leniency,” he says. “He's never shown any sign of remorse and that in my mind places him in a different category.”