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Kevin Michael McCarthy Sentenced in U.S. District Court

FOR IMMEDIATE RELEASE
Thursday, January 10, 2013

The United States Attorney's Office announced that during a federal court session in Missoula, on January 10, 2013, before U.S. District Judge Dana L. Christensen, KEVIN MICHAEL McCARTHY, a 55-year-old resident of Missoula, appeared for sentencing. McCARTHY was sentenced to a term of:

  • Prison: 160 months concurrent to State of Montana sentence
  • Special Assessment: $200.00
  • Supervised Release: life

McCARTHY was sentenced in connection with his guilty plea to receipt of child pornography and possession of child pornography.

In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:

On December 30, 2010, a search warrant for McCARTHY's residence was obtained by the Missoula Police Department. Numerous CDs and DVDs along with McCARTHY's computers were seized. A large collection of child pornography (videos and images) was located on 23 of the discs which depicted children engaged in sexually explicit conduct.

A computer forensic examiner analyzed the three computers and located over 2,000 images and 89 videos of child pornography. The files were created between October 2000 and December 2010 and depict children engaged in sexually explicit conduct.

When interviewed, McCARTHY admitted using file sharing programs to download child pornography, specifically prepubescent girls, and admitted to storing the files on DVDs. He also admitted he received sexual gratification while viewing the child pornography.

McCARTHY was also prosecuted by the Missoula County Attorney's Office. He pled guilty to sexual assault for subjecting a child to sexual contact without consent (starting when the child was 5-6-years old) between January 1, 2003, and December 31, 2008. He also pled guilty to sexual abuse of children for possessing visual medium (i.e. videos on his computer) depicting child pornography. McCARTHY was sentenced to 20 years at Montana State Prison with 16 years suspended for the sexual assault charge and to 10 years at Montana State Prison with 6 years suspended (to run concurrently with the first count) for sexual abuse of children. Under Montana law, McCARTHY is parole eligible after serving one-fourth of his full-term of commitment (full term is 4 years, so parole eligible after 1 year). Based on prison records, McCARTHY was parole eligible on November 14, 2012. He was also ordered to complete Phase I and II of the Sexual Offender Program before being considered for parole.

In rare criminal cases it is appropriate for both federal and state charges to be filed against a defendant - the case against Kevin McCarthy is just such a case," said U.S. Attorney Michael W. Cotter. "The sentence imposed by the state criminal justice system, in this case, to this defendant, based on McCarthy's egregious conduct directed at vulnerable children was simply insufficient. All arms of government have a duty to protect the children of Montana from individuals like McCarthy. The sentence imposed by the federal court today ensures such protection to Montana's children."

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that McCARTHY will likely serve all of the time imposed by the court. In the federal system, McCARTHY does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

The investigation was a cooperative effort between the Missoula Police Department and the Montana Division of Criminal Investigation.

 

 

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