Schenectady Man Arrested for Receipt and Distribution of Child Pornography

ALBANY, NEW YORK – Robert Kirk, age 35, of Schenectady, New York, appeared yesterday in federal court on charges that he received and distributed child pornography over the internet. 

The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI). 

According to the federal criminal complaint, Kirk used an anonymous account on Kik Messenger, an instant messaging application, to receive and distribute child pornography.  Kirk also had, on his cell phone, hundreds of image files and videos depicting child pornography.  The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted, Kirk faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Additionally, if convicted, Kirk would be required to register as a sex offender. 

Kirk appeared yesterday before United States Magistrate Judge Daniel J. Stewart.  Kirk waived his detention hearing and was ordered detained pending further proceedings. 

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

This case is being prosecuted as part of Project Safe Childhood.  Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.