Date: 09-13-2018

Case Style:

Case Number: 5:16-cr-00122-gwc

Judge: Geoffrey W. Crawford

Court: United States District Court for the District of Vermont (Chittenden County)

Plaintiff's Attorney: Nicole Cate

Defendant's Attorney: Elizabeth Quinn - FPD

Description: Burlington, VT - New York Man Sentenced for Child Exploitation Offense

The Office of the United States Attorney for the District of Vermont stated that Brett Ferrell, 33, of New York, was sentenced today in United States District Court in Rutland for traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor. Chief United States District Judge Geoffrey W. Crawford sentenced Ferrell to a term of 78 months of imprisonment followed by five years of supervised release. Ferrell has been in custody since his arrest on August 30, 2016.

According to court records, in mid-August 2016, Ferrell posted ads on Craigslist seeking to meet girls under the age of 18 for the purpose of sex. Ferrell then had a multi-day electronic message conversation with a law enforcement officer posing as a 13-year-old girl from Vermont. During the conversation, Ferrell repeatedly stated that he wanted to have sex with the supposed 13-year-old. Ferrell, who lived in New York, made arrangements to meet with the supposed 13-year-old at a hotel in South Burlington, Vermont. Ferrell then made reservations at the hotel and traveled from New York to Vermont for this illicit encounter. At the designated meeting time on the morning of August 30, 2016, Ferrell was arrested by law enforcement officers outside of the hotel.

United States Attorney Christina Nolan commended the efforts of Homeland Security Investigations, U.S. Customs and Border Protection, and the Vermont Internet Crimes Against Children Task Force (ICAC). She noted that this prosecution is part of the U.S. Department of Justice’s Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

Charge:

18:2423(b) and 2423(f).F TRANSPORTATION W/INTENT TO ENGAGE IN SEXUAL ACTIVITY W/MINOR
(2s)

§2423. Transportation of minors

(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 foreign commerce, or in any commonwealth, territory or possession of the United States, with intent 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 admitted 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 financial gain, arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in interstate commerce 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 attempts or conspires to violate subsection (a), (b), (c), or (d) shall be punishable in the same manner as a completed violation of that subsection.

(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 section based on illicit sexual conduct as defined in subsection (f)(2), it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years.

Outcome: Imprisonment for a term of 78 months, to be followed by 5 years of supervised release with special conditions

09/11/2018 65 JUDGMENT as to Brett C. Ferrell. Signed by Chief Judge Geoffrey W. Crawford on 9/11/2018. (pjl) (Entered: 09/11/2018)

Plaintiff's Experts:

Defendant's Experts:

Comments: