Registered Sex Offender Charged with Producing Child Pornography

HOUSTON—Donald Post, of League City, 68, has been indicted for production and distribution of child pornography involving a 4-year-old minor female, United States Attorney Kenneth Magidson announced today. The indictment was returned late this morning by a Houston federal grand jury.

Post was arrested on August 8, 2013, based on a criminal complaint and appeared before U.S. Magistrate Judge John Froeschner in Galveston on August 13 for a detention hearing. At that time, the court found there to be probable cause he committed the crimes and that Post, allegedly a registered sex offender, was a danger to the community and a flight risk. He was subsequently ordered into custody pending further criminal proceedings.

The criminal complaint alleges the 4-year-old female victim was photographed in lewd and lascivious poses. Post then allegedly distributed these images via the Internet. According to the charges, Post authored a document which not only detailed the production of the child pornography but chronicled his molestation of this very young victim. The account of the incident is incredibly graphic, according to allegations, and makes references to his prior acts of molestation for which he was convicted and subsequently ordered to register as a sex offender.

If convicted, Post faces a minimum of 15 and up to 50 years’ imprisonment for the production charge as well as a minimum of 10 and up to 40 years’ imprisonment for distribution of child pornography. If convicted on either of these charges and if the court finds he was in fact a registered sex offender at the time of the offense, he may also face another 10-year prison term that must be served consecutively to any other sentence imposed. Both convictions also carry as possible punishment a maximum fine of $250,000. Upon completion of any prison term imposed, he also faces a maximum of life on supervised release, and he will again be required to register as a sex offender.

This case, investigated by the FBI and prosecuted by Assistant U.S. Attorney Sherri L. Zack, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "Resources."

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.