Florence Man Pleads Guilty to Child Pornography Charges in Sexting Case
| U.S. Attorney’s Office July 13, 2010 |
COVINGTON, KY—A Florence, Ky. man admitted in federal court today that he persuaded a minor to send nude photos to him by text message. This is the first federal case in the Eastern District of Kentucky where sexting resulted in child pornography charges and a conviction. Sexting is a term used to describe sexually explicit photos and messages sent by cell phone.
Verlin Brett Bailey, 33, pleaded guilty before United States District Judge Danny C. Reeves to production of child pornography, a federal offense that carries a mandatory minimum prison sentence of 15 years.
“This case demonstrates that you don’t have to be in the same room with a minor, or even in the same county, to be charged and convicted of the most severe child pornography offense,” said United States Attorney Kerry B. Harvey.
Bailey admitted that he engaged in sexually graphic text messages with a 14-year-old minor in Kenton County. Bailey persuaded the minor to take sexually explicit pictures with a cell phone, and then text the pictures back to him. Bailey also admitted that he knew the person was 14 years old at the time and that he sent graphic pictures of himself to the minor.
Under federal law, a minor is any person under age 18, and any image of a minor engaged in sexually explicit conduct is child pornography. The crime of production of child pornography requires only that a person persuade a minor to engage in sexually explicit conduct for the purpose of producing a picture of that conduct.
Kerry B. Harvey, United States Attorney, Steve Knauf, Taylor Mill Police Chief, and Elizabeth Fries, FBI Special Agent in Charge, jointly made the announcement today after Bailey entered his guilty plea.
The investigation was conducted by the Taylor Mill, Ky. Police Department and the FBI. The United States was represented in the case by the Fort Mitchell Branch Office of the United States Attorney.
Bailey faces a minimum prison sentence of 15 years and a maximum of life when he is sentenced in October of this year. He will also be required to register as a sex offender for life. If he is released from prison, he will be supervised by the U.S. Probation Office. However, any sentence would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing sentences.