ALBANY, NEW YORK – Robert Kirk, age 36, of Schenectady, New York, pled guilty yesterday to sexually exploiting a child, and to distributing and possessing child pornography.

The announcement was made by United States Attorney Grant C. Jaquith and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI). 

Kirk admitted that on two occasions in July 2018, he used a sleeping, minor child to create sexually explicit images and videos on his cellular telephone.  Kirk also admitted to distributing child pornography over a group messaging application and possessing hundreds of images of child pornography.

Kirk is scheduled to be sentenced on April 10, 2020 by Senior United States District Judge Norman A. Mordue.  Kirk faces at least 15 years and up to 30 years in prison on the sexual exploitation counts, at least 5 and up to 20 years in prison on the distribution count, and up to 20 years in prison on each of the child pornography counts.  Sentences of imprisonment may be concurrent or consecutive at the discretion of the Court.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  The Court also will impose a term of post-imprisonment supervised release of between 5 years and life.

This case was investigated by HSI, with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.

This case is being prosecuted as part of Project Safe Childhood.  Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

 

ALBANY, NEW YORK – Robert Kirk, 36, of Schenectady, New York, was charged today in a five-count indictment for sexually exploiting a child by using a minor to create sexually explicit images on a cellular telephone, and distributing and possessing child pornography.

The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI). 

Kirk was initially charged by criminal complaint on July 26, 2018, and has remained in custody since.  If convicted, Kirk faces at least 15 years and up to 30 years in prison on the sexual exploitation counts, at least 5 and up to 20 years in prison on the distribution count, and up to 20 years in prison on each of the child pornography counts.  Sentences of imprisonment may be concurrent or consecutive at the discretion of the Court.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  The Court also will impose a term of post-imprisonment supervised release of between 5 years and life.

The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

This case is being investigated by HSI, with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.

This case is being prosecuted as part of Project Safe Childhood.  Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Robert Kirk, age 35, of Schenectady, New York, appeared yesterday in federal court on charges that he received and distributed child pornography over the internet. 

The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI). 

According to the federal criminal complaint, Kirk used an anonymous account on Kik Messenger, an instant messaging application, to receive and distribute child pornography.  Kirk also had, on his cell phone, hundreds of image files and videos depicting child pornography.  The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted, Kirk faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Additionally, if convicted, Kirk would be required to register as a sex offender. 

Kirk appeared yesterday before United States Magistrate Judge Daniel J. Stewart.  Kirk waived his detention hearing and was ordered detained pending further proceedings. 

This case is being investigated by HSI, with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.

This case is being prosecuted as part of Project Safe Childhood.  Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.