Description:
Alexandria, Virginia criminal law lawyer represented Defendant charged with engaging in illicit sexual conduct in foreign places.
Dean Edward Cheves, 63, was serving at the U.S. Embassy in the Philippines from 2017 to 2021, during which time he met multiple minors over the internet. From December 2020 to March 2021, Cheves communicated online with a then 15- to 16-year-old Philippine minor, who he paid to produce and send to him sexually explicit images of the minor. Additionally, in February 2021, Cheves engaged in sex acts on two separate occasions with a second 16-year-old Philippine minor who he met online, using his government-issued cell phone to film the sex acts on at least one occasion. The child sex abuse material Cheves produced and received of these minors was found on devices seized from Cheves's embassy residence in the Philippines. Cheves knew the ages of both minors at the time he engaged in the conduct.
Cheves is scheduled to be sentenced on January 20, 2023. He faces a maximum penalty of up to 30 years in prison on each count. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia and Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department's Criminal Division, made the announcement after Senior U.S. District Judge Claude M. Hilton accepted the plea.
The U.S. Department of State's Diplomatic Security Service (DSS) investigated the case with valuable assistance provided by the Homeland Security Investigations Attaché's Office in the Philippines and the Philippine National Police.
Assistant U.S. Attorneys Lauren Pomerantz Halper and Zoe Bedell and Trial Attorney Gwendelynn Bills of the Justice Department's Child Exploitation and Obscenity Section are prosecuting the case.
18:2423(c)
Engaging in Illicit Sexual Conduct in Foreign Places
FORFEITURE
(a) TRANSPORTATION WITH INTENT TO ENGAGE
IN CRIMINAL SEXUAL ACTIVITY.—A person who
knowingly transports an individual who has not
attained the age of 18 years in interstate or for-
eign commerce, or in any commonwealth, terri-
tory or possession of the United States, with in-
tent that the individual engage in prostitution,
or in any sexual activity for which any person
can be charged with a criminal offense, shall be
fined under this title and imprisoned not less
than 10 years or for life.
(b) TRAVEL WITH INTENT TO ENGAGE IN ILLICIT
SEXUAL CONDUCT.—A person who travels in
interstate commerce or travels into the United
States, or a United States citizen or an alien ad-
mitted for permanent residence in the United
States who travels in foreign commerce, for the
purpose of engaging in any illicit sexual conduct
with another person shall be fined under this
title or imprisoned not more than 30 years, or
both.
(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN
FOREIGN PLACES.—Any United States citizen or
alien admitted for permanent residence who
travels in foreign commerce, and engages in any
illicit sexual conduct with another person shall
be fined under this title or imprisoned not more
than 30 years, or both.
(d) ANCILLARY OFFENSES.—Whoever, for the
purpose of commercial advantage or private fi-
nancial gain, arranges, induces, procures, or fa-
cilitates the travel of a person knowing that
such a person is traveling in interstate com-
merce or foreign commerce for the purpose of
engaging in illicit sexual conduct shall be fined
under this title, imprisoned not more than 30
years, or both.
(e) ATTEMPT AND CONSPIRACY.—Whoever at-
tempts or conspires to violate subsection (a),
(b), (c), or (d) shall be punishable in the same
manner as a completed violation of that sub-
section.
(f) DEFINITION.—As used in this section, the
term ''illicit sexual conduct'' means (1) a sexual
act (as defined in section 2246) with a person
under 18 years of age that would be in violation
of chapter 109A if the sexual act occurred in the
special maritime and territorial jurisdiction of
the United States; or (2) any commercial sex act
(as defined in section 1591) with a person under
18 years of age.
(g) DEFENSE.—In a prosecution under this sec-
tion based on illicit sexual conduct as defined in
subsection (f)(2), it is a defense, which the de-
fendant must establish by a preponderance of
the evidence, that the defendant reasonably be-
lieved that the person with whom the defendant
engaged in the commercial sex act had attained
the age of 18 years.
(1)
18:2423(c) and (f)(3) Engaging in Illicit Sexual Conduct in Foreign Places FORFEITURE
(1s)
18:2252(a)(4)(A)
(a) Any person who—
(1) knowingly transports or ships in 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 that has been mailed, or has been shipped or transported in 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 in 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, or has been shipped or transported in 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; 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 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction; or
(B) knowingly possesses 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 in 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.
Possession of Child Pornography
FORFEITURE
(2)
18:2252(a)(4)(A) Child Pornography-Possession and Knowing Access with Intent to View
(2s)
18:2423(c) and (f)(3) Engaging in Illicit Sexual Conduct in Foreign Places FORFEITURE
(3s)
18:2422(b) and 2427 Coercion and Enticement FORFEITURE
(4s)