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Date: 11-08-2020

Case Style:

United States of America v. Troy Wayne Davis

Case Number: 4:19-cr-00161-RGE-HCA

Judge:

Court: United States District Court for the Southern District of Iowa (Polk County)

Plaintiff's Attorney: United States District Attorney’s Office, Des Moines, Iowa

Defendant's Attorney:


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Description: Des Moines, IA - Criminal defense lawyer represented defendant charged with transportation of child pornography.

Troy Wayne Davis, age 57, formerly of Eldon, Iowa, was charged with Transportation of Child Pornography

The investigation began in early 2019 when law enforcement received investigative leads from the National Center for Missing and Exploited Children that images of child pornography had been uploaded on Davis’ social media accounts. Investigators executed a search warrant at Davis’ Eldon residence in August 2019. Police seized Davis’ computers and phones which contained thousands of videos and images of child pornography. The investigation showed that Davis sent and received videos of child pornography to other persons, solicited minor boys online to send him nude photos, and solicited minors for sex via the internet. In 1998, Davis was convicted in the Iowa District Court for Wapello County on two instances of Lascivious Acts with a Child.

This case was investigated by the Iowa Department of Criminal Investigation’s Internet Crimes Against Children Task Force and the FBI Child Exploitation Task Force. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the United States Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nationwide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children.

Any persons having knowledge of a child being sexually abused are encouraged to call the Iowa Sexual Abuse Hotline at 1-800-284-7821.

ACTIVITIES RE MATERIAL CONSTITUTING/CONTAINING CHILD PORNO 18:2252A(a)(1) and 2252A(b)(1) Transportation of Child Pornography
(1)

18 U.S.C. § 2252 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 2252. Certain activities relating to material involving the sexual exploitation of minors.



(a)  Any person who--

(1)  knowingly transports or ships using any means or facility of interstate or foreign commerce or in or affecting 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 using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting 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 using any means or facility of interstate or foreign commerce or in or affecting 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, shipped, or transported using any means or facility of interstate or foreign commerce, or has been shipped or transported in or affecting interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported using any means or facility of interstate or foreign commerce, 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, or knowingly accesses with intent to view, 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction;  or

(B)  knowingly possesses, or knowingly accesses with intent to view, 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 using any means or facility of interstate or foreign commerce or in or affecting 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.

(b)(1)  Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years, but if such person has a prior conviction under this chapter, section 1591 , chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 ( article 120 of the Uniform Code of Military Justice ), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, or sex trafficking of children, such person shall be fined under this title and imprisoned for not less than 15 years nor more than 40 years.

(2)  Whoever violates, or attempts or conspires to violate, paragraph (4) of subsection (a) shall be fined under this title or imprisoned not more than 10 years, or both, but if any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of Title 10 ( article 120 of the Uniform Code of Military Justice ), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 10 years nor more than 20 years.

(c) Affirmative defense. --It shall be an affirmative defense to a charge of violating paragraph (4) of subsection (a) that the defendant--

(1)  possessed less than three matters containing any visual depiction proscribed by that paragraph;  and

(2)  promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof--

(A)  took reasonable steps to destroy each such visual depiction;  or

(B)  reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.

Outcome: Defendant was sentenced to the BOP for a term of 360 months on Count 1. Upon release, Defendant shall serve a supervised release term of 5 years. Court orders restitution in the amount of $40,000 to be paid and allocated to the victims in accordance with the Court's ruling. $100 special assessment to the Crime Victim's Fund Assessment.

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Defendant's Experts:

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