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Date: 03-04-2021
Case Style:
Case Number: 2:19-cr-00219-KJM
Judge: Kimberly J. Mueller
Court: United States District Court for the Eastern District of California (Sacramento County)
Plaintiff's Attorney: United States District Attorney’s Office
Defendant's Attorney:
Description: Sacramento, California sexual exploitation charge criminal defense lawyer represented Defendant, Johnathan David Sprague, 33, of Orangevale, who was with sexual exploitation of a minor.
According to court documents, starting in January 2019, Sprague joined a Kik chat group for persons interested in sex with children and sent members of the group messages that contained screenshots of his texting activity with minors. Sprague sent screenshots of the victim engaged in sexual conduct to one group member, an undercover officer, stating that he was “grooming” the victim. Sprague sent another user the images of the victim. He also expressed interest in the 11‑year-old stepdaughter of a chat group member who was actually an undercover officer. On Feb. 24, 2019, Sprague offered to buy a plane ticket for the Kik group member and the stepdaughter to fly from Newark, New Jersey to Sacramento. On March 8, 2019, Sprague went to the airport to pick them up and was arrested.
Agents seized Sprague’s phone, and found child pornography files stored in his cloud storage accounts, as well as screenshots of chats showing the production and distribution of the images of the minor.
“The U.S. Attorney’s Office is committed to continuing to locate offenders like Sprague and ensure that they are prosecuted to the fullest extent of the law,” said Acting U.S. Attorney Talbert. “We will do everything we can to keep our children safe from predators.”
“This investigation demonstrates Homeland Security Investigations’ (HSI) unwavering commitment to rid our community of child predators who seek to harm our most innocent population,” said HSI NorCal Special Agent in Charge Tatum King. “HSI operates worldwide to ensure child predators have no safe hiding place and are brought to justice. HSI Newark initiated this investigation and coordinated with HSI NorCal to ensure this individual was held accountable. HSI and our partners in the Internet Crimes Against Children Task Force (ICAC), the U.S. Attorney’s Office, and the National Center for Missing and Exploited Children (NCMEC), will never relent when it comes to protecting children and prosecuting predators whose perverse behavior has no place in our society.”
This case was the product of an investigation by the New Jersey Internet Crimes Against Children task force, HIS, the New Jersey State Police, and the police departments of Bayonne, New Jersey, Newark and Sacramento. Assistant U.S. Attorney Roger Yang prosecuted the case.
Sprague will remain in custody pending sentencing in New Jersey on state charges before transfer to a Bureau of Prisons facility.
18:2251 SEXUAL EXPLOITATION OF A CHILD
(a) Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor in or affecting interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct, shall be punished as provided under subsection (e), if such person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed.
(b) Any parent, legal guardian, or person having custody or control of a minor who knowingly permits such minor to engage in, or to assist any other person to engage in, sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct shall be punished as provided under subsection (e) of this section, if such parent, legal guardian, or person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed.
(c)(1) Any person who, in a circumstance described in paragraph (2), employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, any sexually explicit conduct outside of the United States, its territories or possessions, for the purpose of producing any visual depiction of such conduct, shall be punished as provided under subsection (e).
(2) The circumstance referred to in paragraph (1) is that—
(A) the person intends such visual depiction to be transported to the United States, its territories or possessions, by any means, including by using any means or facility of interstate or foreign commerce or mail; or
(B) the person transports such visual depiction to the United States, its territories or possessions, by any means, including by using any means or facility of interstate or foreign commerce or mail.
(d)(1) Any person who, in a circumstance described in paragraph (2), knowingly makes, prints, or publishes, or causes to be made, printed, or published, any notice or advertisement seeking or offering—
(A) to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or
(B) participation in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct;
shall be punished as provided under subsection (e).
(2) The circumstance referred to in paragraph (1) is that—
(A) such person knows or has reason to know that such notice or advertisement will be transported 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 mailed; or
(B) such notice or advertisement is transported 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 mailed.
(e) Any individual who violates, or attempts or conspires to violate, this section shall be fined under this title and imprisoned not less than 15 years nor more than 30 years, but if such person has one 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, abusive sexual contact involving a minor or ward, or sex trafficking of children, 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 25 years nor more than 50 years, but if such person has 2 or more prior convictions 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 the sexual exploitation of children, such person shall be fined under this title and imprisoned not less than 35 years nor more than life. Any organization that violates, or attempts or conspires to violate, this section shall be fined under this title. Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for not less than 30 years or for life.
Outcome: Defendant was sentenced 25 years' in prison.
Plaintiff's Experts:
Defendant's Experts:
Comments: