Philadelphia Man Charged In Superseding Indictment With Enhanced Penalty Provision For Child Exploitation Offenses
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Serrano-Munoz, age 38, of Philadelphia, Pennsylvania, was charged on November 22, 2017, in a superseding indictment for offenses involving the exploitation of a minor.
According to United States Attorney Bruce D. Brandler, Serrano-Munoz is alleged to have coerced a minor to take sexually explicit photographs of herself and transmit those images to him over the internet. He was charged in a three-count indictment in July with production of child pornography, receipt and distribution of child pornography, and possession of child pornography. The superseding indictment alleges Serrano-Munoz was a registered sex offender at the time he allegedly committed the child pornography offenses. The indictment also seeks forfeiture of all electronic equipment used to take those images.
This case was investigated by the Pennsylvania State Police with the assistance of the Federal Bureau of Investigation. Assistant United States Attorney James T. Clancy is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the production of child pornography offense is 50 years’ imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Those charges carry a mandatory minimum term of imprisonment of 25 years. The receipt and distribution of child pornography charge is punishable by a maximum of 40 years in prison and a $250,000 fine. That charge carries a mandatory minimum term of imprisonment of 15 years. The possession of child pornography charge is punishable by a maximum of 20 years’ imprisonment and a $250,000 fine. That charge carries a mandatory minimum term of imprisonment of 10 years. The penalty for committing an offense against a minor while being a registered sex offender is 10 years in addition to the penalty imposed for the underlying offense. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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