Billings man sentenced to five years in prison for attempted transfer of obscene material to a minor in undercover investigation

BILLNGS  — A Billings man who admitted having sexual conversations through social media with an undercover agent posing as a minor girl and was arrested when he showed up to meet the girl, was sentenced today to five years in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.

Kyle Jason Swindler, 42, pleaded guilty in October 2022 to attempted transfer of obscene material to a minor.

U.S. District Judge Susan P. Watters presided. The court also ordered $2,000 restitution.

The government alleged in court documents that in October 2021, law enforcement conducted an undercover operation in Billings to identify and arrest individuals who were attempting to have sex with children. Swindler responded to a social media post by an undercover agent who was posing as a 13-year-old girl. When the undercover agent identified herself as 13 years old, Swindler responded, “Ouch you’re a young one.” The conversation became sexual in nature. Swindler and the undercover agent arranged to meet in a public park for a sexual encounter. Swindler drove to the park, where he was arrested. Law enforcement searched Swindler’s vehicle and found sex-related items. Officers also searched Swindler’s cell phone and recovered the original social media conversation.

Assistant U.S. Attorney Benjamin D. Hargrove prosecuted the case, which was investigated by the FBI, Homeland Security Investigations, Billings Police Department, Yellowstone County Attorney’s Office and Yellowstone County Sheriff’s Office.

This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.

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