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Date: 05-11-2020
Case Style:
United States of America v. Claude Martin Johnson
Case Number: 1:19-cr-00115-JRH-BKE
Judge: J. Randal Hall
Court: United States District Court for the Southern District of Georgia (Richmond County)
Plaintiff's Attorney: United States District Attorney’s Office
Defendant's Attorney:
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Augusta, GA - The United States of America charged Claude Martin Johnson with possession of child porn.
A convicted child molester is going to federal prison after being sentenced for possession of child pornography.
Claude Martin Johnson IV, 22, of Augusta, was sentenced to 10 years in prison by U.S. District Court Chief Judge J. Randal Hall after pleading guilty to one count of Possession of Child Pornography, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Johnson also is required to pay $3,000 in restitution to one victim, and after completion of the prison term, Johnson will be required to serve 20 years of supervised release. There is no parole in the federal system.
“We in the Southern District do not tolerate those who exploit the most vulnerable among us,” said U.S. Attorney Christine. “Claude Johnson, previously convicted in state court of child molestation, has now earned a decade in federal prison.”
According to court documents and testimony, Johnson was sentenced in 2015 to seven years of probation after a state court conviction for child molestation. On May 1, 2019, officers from the Georgia Department of Community Supervision conducted a search at Johnson’s home in accordance with the conditions of his probation. During the search, the officers found multiple images of child pornography on two cell phones belonging to Johnson, and took him into custody for violation of his probation.
“This sentence should send a clear message to anyone who would try to take advantage of innocent children,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Johnson’s 10 years in prison will give him plenty of time to think about his unacceptable behavior. But more importantly, while in prison, he won't be able to do harm to any more children.”
The case was investigated by the FBI, the Richmond County Sheriff’s Office and the Georgia Department of Community Supervision, and prosecuted for the United States by Assistant U.S Attorney Tara Lyons.
18 USC § 2252A(a)(5)(B) Possession of Child Pornography which provides:
Certain activities relating to material involving the sexual exploitation of minors
(a) Any person who—
(1) knowingly transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means including by computer or mails, any visual depiction, if—
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(2) knowingly receives, or distributes, any visual depiction using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer, or knowingly reproduces any visual depiction for distribution using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or through the mails, if—
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(3) either—
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly sells or possesses with intent to sell any visual depiction; or
(B) knowingly sells or possesses with intent to sell any visual depiction that has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce, or has been shipped or transported in or affecting interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported using any means or facility of interstate or foreign commerce, including by computer, if—
(i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(ii) such visual depiction is of such conduct; or
(4) either—
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly possesses, or knowingly accesses with intent to view, 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction; or
(B) knowingly possesses, or knowingly accesses with intent to view, 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction that has been mailed, or has been shipped or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported, by any means including by computer, if—
(i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(ii) such visual depiction is of such conduct;
shall be punished as provided in subsection (b) of this section.
(b)(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years, but if such person has a prior conviction under this chapter, section 1591, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, or sex trafficking of children, such person shall be fined under this title and imprisoned for not less than 15 years nor more than 40 years.
(2) Whoever violates, or attempts or conspires to violate, paragraph (4) of subsection (a) shall be fined under this title or imprisoned not more than 10 years, or both, but if any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 10 years nor more than 20 years.
(c) Affirmative Defense.—It shall be an affirmative defense to a charge of violating paragraph (4) of subsection (a) that the defendant—
(1) possessed less than three matters containing any visual depiction proscribed by that paragraph; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof—
(A) took reasonable steps to destroy each such visual depiction; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.
Outcome: 120 months custody BOP; 20 years supervised release; $3000 restitution; $100 special assessment
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