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Press Release

Omaha Man Sentenced to 135 Months & Ordered to Pay $81,000 in Restitution to Victims for Transportation of Child Pornography

For Immediate Release
U.S. Attorney's Office, District of Nebraska

United States Attorney Susan T. Lehr announced that Benjamin Baustian, age 38, of Omaha, Nebraska, was sentenced on January 15, 2025, in federal court in Omaha for transportation of child pornography. United States District Judge Brian C. Buescher sentenced Baustian to 135 months’ imprisonment. There is no parole in the federal system. After his release from prison, Baustian will be placed on a 5-year term of supervised release. Baustian was also ordered to pay restitution in the amount of $81,000.00 to twenty-six identified victims of his crimes and imposed special assessments of $5,000.00 under each of the Justice for Victims of Trafficking Act (JVTA) and the Amy, Vicky, and Andy Child Pornography Victim Assistance Act (AVAA).

This investigation by the Nebraska State Patrol (NSP) began with a “cyber tip” received by the National Center for Missing and Exploited Children (NCMEC) regarding suspicious Internet activity. NCMEC’s resulting report to the NSP indicated that a video file consisting of child pornography involving a 9 to12-year-old female victim was uploaded from Baustian’s residential Internet Protocol (IP) address to Dropbox, a cloud storage service, on May 15, 2023.

On October 3, 2023, NSP served a warrant to search for child pornography at Baustian’s residence in Omaha. Investigators seized Baustian’s electronic devices for forensic examination. An NSP investigator observed approximately 2,110 image files and approximately 299 videos of child pornography involving a prepubescent child, with ages varying from 4 to 12 years of age. The investigator observed approximately 59 image files and approximately 78 videos files constituting child pornography involving a pubescent child from 12 to 15 years of age. Some of the material involved toddlers and bestiality. Two hundred and seventy-five known victims were identified by hash value comparison of the digital files, of whom twenty-six sought restitution. Illegal drugs such as marijuana, mushrooms (psilocyn), cocaine, and tetrahydrocannabinol (THC) products were also seized from Baustian’s residence during the search.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals 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 www.projectsafechildhood.gov.

This case was investigated by the Nebraska State Patrol. 

Contact

Lecia Wright - Supervisory Assistant U.S. Attorney (402) 661-3700 

Updated January 23, 2025

Topic
Project Safe Childhood