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Convicted Child Sex Offender Indicted for Producing, Receiving, and Possessing Child Pornography

September 4, 2012

WILMINGTON, Del. - Charles M. Oberly, III, United States Attorney for the District of Delaware, announced today that a federal grand jury sitting in Delaware returned an indictment charging David Kevin Schultz, age 53, of Laurel, Delaware with production, receipt and possession of child pornography, in violation of federal law. Schultz has been detained since his August 15, 2012 arrest.

According to the indictment and court documents filed in the case, the investigation resulting in the pending charges began when Department of Homeland Security agents received information relating to Schultz’s involvement with child pornography from a man who was arrested in a separate child sexual assault investigation in Maryland. Federal law enforcement agents executed a federal search warrant at Schultz’s Laurel, Delaware residence in April 2012, seizing over 30 computers and other physical evidence. During a forensic examination of the computer equipment, agents found a video of Schultz directing a female minor and a young adult male to engage in various sex acts in his Laurel home. The forensic examination also revealed that Schultz had used the computers to receive and possess child pornography featuring young teenaged females via the Internet.

On October 31, 1995, Schultz was convicted of Unlawful Sexual Intercourse Third Degree and Unlawful Sexual Penetration Third Degree Victim Less Than 16 Years Old, in violation of Delaware law. In that case, Schultz pled guilty to sexually assaulting a 13-year-old girl. As a result of that conviction, Schultz was required to register as a sex offender.

If convicted, Schultz faces enhanced penalties that apply to previously convicted child sex offenders under federal law. On the charge of producing child pornography, Schultz faces a mandatory minimum prison sentence of 25 years, to a maximum sentence of 50 years. Because of his sex offender status, Schultz also could face an additional, mandatory prison term of 10 years on the production of child pornography charge. On the receipt of child pornography charge, Schultz faces a mandatory minimum penalty of 15 years imprisonment and a maximum term of imprisonment of 40 years. On the possession of child pornography charge, Schultz faces a mandatory minimum prison sentence of 10 years, to a maximum of 20 years. Subsequent to any release from prison, Schultz would be placed on a term of supervised release for a mandatory minimum of five years, to a maximum of life. On each charge, Schultz also faces a maximum fine of $250,000.

This case is being investigated by U.S. Department of Homeland Security, Homeland Security Investigations. This case is being prosecuted by Assistant United States Attorney Edward J. McAndrew.

Criminal indictments are only charges and are not evidence of guilt. A defendant is presumed to be innocent unless and until proven guilty.

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