Buffalo Man Charged With Possession Of Child Pornography

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Joshua Butler, 42, of Buffalo, NY, was charged by criminal complaint with possession of child pornography subsequent to a prior conviction. The charge carries a minimum penalty of 10 years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that according to the complaint, on April 13, 2016, Butler was convicted in state court of one count of Promoting a Sexual Performance by a Child, and subsequently sentenced to 10 years probation. On July 19, 2016, an Erie County Probation Officer searched Butler’s residence in accordance with the terms of his probation. The probation officer recovered one cellular phone with internet capabilities which Butler was prohibited from having. A forensic examination determined that the cellular phone contained over 300 images of child pornography, some of which depicted children under the age of 12 as well as images of violence.

The defendant made an initial appearance this afternoon before Magistrate Judge Jeremiah J. McCarthy. Butler is being held in state court for a probation violation.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.