Date: 11-22-2020

Case Style:

Case Number: 1:19-cr-00293-NAM

Judge:

Court: United States District Court for the Northern District of New York (Albany County)

Plaintiff's Attorney: United States District Attorney’s Office, Albany, New York

Defendant's Attorney:

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Description: Albany, New York criminal defense lawyer represented defendant charged with sexually exploiting a child.

Robert Kirk, age 37, of Schenectady, New York, with sexually exploiting a child, and distributing and possessing child pornography.

Kirk previously admitted that on two occasions in July 2018, he used a sleeping child to create sexually explicit images and videos on his phone, including videos and images of himself touching the vagina of the minor over clothing and of the minor’s unclothed vaginal area. Kirk also admitted to distributing child pornography, including an image of the minor, as well as images depicting other children, over a group messaging application, and to possessing hundreds of images of child pornography.

Senior United States District Judge Norman A. Mordue also sentenced Kirk to a 25-year term of supervised released, to begin following his term of imprisonment.

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

18:2251 SEXUAL EXPLOITATION OF CHILDREN
(1)

18:2251 SEXUAL EXPLOITATION OF CHILDREN
(2)

18:2252A(a)(2)(A) DISTRIBUTION OF CHILD PORNOGRAPHY
(3)

18:2252A(a)(5)(B) POSSESSION OF CHILD PORNOGRAPHY and Forfeiture Allegation
(4-5)

Outcome: Defendant is sentenced to 240 months on Count 1 and 240 months on Count 2 to run consecutive to one another. Defendant is sentenced to 120 months on Counts 3, 4 and 5 to run concurrently to one another and to Counts 1 and 2 for a total term of imprisonment of 480 months (40 years). Court recommends to the BOP that defendant participate in Sex Offender Treatment Program. Supervised release for a term of 25 years imposed on each count to run concurrently with one another for a total term of 25 years. Standard and special conditions of supervision imposed. Special Assessment in the amount of $500.00 imposed. Defendant shall consent to the United States all right, title and interest property as detailed in the Preliminary Order of Forfeiture. No fine imposed. Parties advised of appeal rights. Defendant is remanded to the custody of the U.S. Marshal

Plaintiff's Experts:

Defendant's Experts:

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