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Description: Macon, Georgia criminal law lawyer represented Defendant charged with production of child assault (pornography) materials involving a minor victim.
Marty Allan Kinard, 47, pleaded guilty to one count of production of child sexual assault material. In addition, Kinard will have to register as a sex offender for life upon his release from federal prison. There is no parole in the federal system.
“The actions of all those who film and upload the sexual assault and exploitation of children in the Middle District of Georgia will not be tolerated; our office is pursuing maximum punishment allowed under law for these criminal actions,” said U.S. Attorney Peter D. Leary. “The Barnesville Police Department took immediate action when they received a cybertip from the National Center of Missing and Exploited Children that a child in their community was in danger; working closely with GBI, law enforcement prevented further harm to a minor and brought a child predator to justice.”
“The defendant justly received the maximum sentence allowed under law. However, I am well aware that the imposed sentence can never equal the physical and emotional trauma that the victim will have to deal with for the rest of the victim’s life,” said Captain Al Moltrum, Barnesville Police Department. “We were able to stop a child predator thanks to our collaboration with GBI and the Greene County Sheriff’s Office, who assisted our agency with obtaining the forensic evidence found on the defendant’s cellular phone.”
“The GBI will continue to work tirelessly to protect innocent victims of online exploitation. We are grateful for the partnerships we maintain with our local and federal agencies to bring these predators to justice,” said GBI Director Michael Register.
According to court documents, the Barnesville Police Department (BPD) began an investigation after receiving a cybertip on May 27, 2021, from the National Center for Missing and Exploited Children (NCMEC) originating from Tumblr of an uploaded file containing child sexual assault material. On May 28, 2021, BPD obtained a state search warrant at the residence. A search of the residence recovered two cell phones belonging to Kinard; one of the phones contained child sexual assault material Kinard produced involving a minor child. Days later, on June 2, 2021, GBI received a cybertip from NCMEC of several files for the social media application Kik which contained child sexual assault material. Both IP addresses linked back to the same residence in Barnesville where Kinard resided. Kinard now admits that from Feb. 1, 2021, until May 28, 2021, he enticed a minor child to produce child sexual assault material which he uploaded online.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Barnesville Police Department and the Georgia Bureau of Investigation (GBI) Internet Crimes Against Children (ICAC) Task Force with assistance from the Greene County Sheriff’s Office.
The case was prosecuted by Assistant U.S. Attorney Alex Kalim.
Production of Child Pornography in violation of 18 U.S.C. 2251 a and e, which provide:
"(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."
(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 to serve a total of 360 months in prison to be followed by a lifetime term of supervised release, was ordered to pay $3,000 in restitution and assessed $100.00.
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