Virginia Man Sentenced to 60 Months in Prison for Distribution of Child Pornography Over the Internet

WASHINGTON—James E. McCreary, 56, was sentenced today to 60 months of incarceration for distribution of child pornography, announced U.S. Attorney Ronald C. Machen Jr. The sentencing was before the Honorable Paul L. Friedman in the U.S. District Court for the District of Columbia.

McCreary had pled guilty to this offense on June 3, 2010. At the time of his plea, he admitted that on November 17, 2009, he visited a public chat room on the Internet for teenagers that is frequented by individuals who have a sexual interest in prepubescent children. While in the chat room, McCreary responded to a message posted by an undercover police officer that was looking for other individuals with the same sexual interest. The undercover officer told McCreary via the chat room that the undercover officer was sexually active with his girlfriend’s 11-year-old daughter, in actuality a fictitious child. McCreary responded that he wanted physical contact with the fictitious child, and volunteered to take photographs of any sexual activity with her. McCreary and the undercover officer then moved their online communication to an instant messaging Internet service.

During their chats on the instant messaging Internet service, McCreary sent to the undercover officer 14 photographs of prepubescent children in erotic or nude poses. Four were child pornography.

During this chat and subsequent chats online and over the telephone between November 17 and November 24, 2009, McCreary discussed with the undercover officer various sexual acts McCreary wanted to perform on the fictitious child. McCreary also discussed photographs that McCreary wanted to take of the fictitious child performing sexual acts with the undercover officer. McCreary also attempted to arrange with the undercover officer further sexual activity with the fictitious child and another individual McCreary knew. McCreary and the undercover officer arranged a time for McCreary to come to the District of Columbia to meet the undercover officer and fictitious child in person. McCreary told the undercover officer that during this trip, McCreary wanted to take photographs of the undercover officer engaged in sexual activity with the fictitious child.

On November 24, 2009 at approximately 8:30 a.m., McCreary traveled to the District of Columbia via his vehicle and the Metro train from his home in Fredericksburg, Virginia and met with the undercover officer in Washington, D.C. McCreary came with a digital camera hanging from around his neck so that he could take photographs of the fictitious child while she engaged in sexual activity with the undercover officer. McCreary was then arrested.

McCreary was sentenced to 60 months of incarceration to be followed by 10 years of supervised release, which includes the requirement that he register as a sex offender and comply with numerous conditions routinely imposed upon sex offenders.

This case was brought as part of Project Safe Childhood and the FBI/MPD Child Exploitation Task Force. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorney’s Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

In announcing the sentence, U.S. Attorney Machen praised the investigative and arrest work of the FBI’s Washington Field Office and the Metropolitan Police Department. He also commended Legal Assistant Latoya Davenport of the U.S. Attorney’s Office for her work in the case. Finally, he commended Assistant U.S. Attorney Shana Fulton for the investigation and prosecution of the case.