HARRISBURG - The United States Attorney’s Office for the
Middle District of Pennsylvania announced that John A. Swayze, age 56, of York,
Pennsylvania, was indicted on October 23, 2019, by a federal grand jury on
child exploitation charges.
According to United States Attorney David J. Freed, the
indictment alleges that Swayze received and distributed child pornography, and
possessed child pornography involving minors under the age of 12 between October
2017 and May 2019. The two-count
indictment also includes a notice of the Government’s intent to forfeit all
images of child pornography and the electronic devices associated with those
images.
This case was investigated by the Northeastern Regional Police
Department with assistance from the Federal Bureau of Investigation. Assistant United States Attorney James T.
Clancy is prosecuting the case.
This case was brought as part of Project Safe Childhood, a
nationwide initiative launched in May 2006 by the Department of Justice to
combat the growing epidemic of child sexual exploitation and abuse. Led by the
United States Attorneys' Offices and the Criminal Division's Child Exploitation
and Obscenity Section, Project Safe Childhood marshals federal, state, and
local resources to locate, apprehend, and prosecute individuals who sexually
exploit children, and to identify and rescue victims. For more information
about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety
education, please visit www.usdoj.gov/psc and click on the tab
"resources."
Indictments are only allegations. All persons charged are
presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the
Judge after consideration of the applicable federal sentencing statutes and the
Federal Sentencing Guidelines.
The maximum penalty for receipt and distribution of child
pornography is 20 years’ imprisonment and a $250,000 fine. That charge carries a mandatory minimum term
of imprisonment of 5 years. The maximum
penalty for possession of child pornography involving minors under 12 years old
is 20 years’ imprisonment and a $250,000 fine.
Under the Federal Sentencing Guidelines, the Judge is also required to
consider and weigh a number of factors, including the nature, circumstances and
seriousness of the offense; the history and characteristics of the defendant;
and the need to punish the defendant, protect the public and provide for the defendant's
educational, vocational and medical needs. For these reasons, the statutory
maximum penalty for the offense is not an accurate indicator of the potential
sentence for a specific defendant.
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