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Date: 01-25-2023
Case Style:
United States of America v. Christopher William Kuehner
Case Number: 1:22-cr-00120
Judge: Leonie M. Brinkema
Court: United States District Court for the Eastern District of Virginia (Fairfax County)
Plaintiff's Attorney: United States Attorney’s Office in Alexandria
Defendant's Attorney: Lana Manitta
Description: Alexandria, Virginia criminal defense lawyer represented Defendant charged with engaging in a child exploitation enterprise.
Christopher William Kuehner, 38, of Bremerton, was a prominent member of the website “Rapey.su,” which was dedicated to, among other things, child sexual exploitation. After becoming a member of the website, Kuehner repeatedly induced and enticed minor girls to produce child sexual abuse material for both him and the other members of the website.
In a related case last year, a federal court in the Eastern District of Virginia also convicted Ashley Kolhoff, 22, of Port Clinton, Ohio, of production of child pornography for her participation on the Rapey.su website. Other users around the country have been prosecuted successfully in state and federal courts for their conduct committed on the website.
Homeland Security Investigations (HSI) agents seized and shut down the website in December 2020.
Kuehner was convicted of engaging in a child exploitation enterprise. He is scheduled to be sentenced on April 25. Co-conspirators Jacob Royce Mullins, 20, of South Webster, Ohio; Kyle William Leishear, 43, of Bayonet Point, Florida; and Matthew Martin, 25, of Lancaster, Wisconsin, pleaded guilty to their roles in the enterprise. Mullins and Martin are both scheduled to be sentenced on April 25. Leishear is scheduled to be sentenced on May 9. They each face a mandatory minimum of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Jessica D. Aber for the Eastern District of Virginia, and Acting Special Agent in Charge Derek W. Gordon of HSI Washington, D.C. made the announcement.
HSI Washington, D.C. investigated the case.
Trial Attorney Whitney Kramer of the Justice Department’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Seth Schlessinger for the Eastern District of Virginia are prosecuting the case.
18 U.S.C. § 2252A(g) Engaging in a Child Exploitation Enterprise FORFEITURE
(1)
(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 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: Defendant was found guilty by the court.
Plaintiff's Experts:
Defendant's Experts:
Comments: