Suspended APS Kindergarten Teacher Arraigned on Federal Child Pornography Charges

ALBUQUERQUE –Albuquerque, N.M., resident Joshua Weitz, 39, was arraigned this morning in federal court on a six-count indictment charging him with distribution and possession of visual depictions of minors engaged in sexually explicit conduct.  During this morning’s proceedings, Weitz entered a not guilty plea to the indictment.  Weitz remains on conditions of release which include the condition that he reside at a halfway house under pretrial supervision pending trial.

The federal indictment filed on Dec. 2, 2015, charges Weitz with four counts of distribution of child pornography from Oct. 11, 2015 through Oct. 22, 2015, and two counts of possession child pornography from Dec. 14, 2014 through Nov. 4, 2015 and Feb. 4, 2013 through Nov. 4, 2015.  The indictment alleges that Weitz committed the crimes in Bernalillo County, N.M.

Weitz was arrested Nov. 11, 2015, on a criminal complaint alleging that he distributed, received and possessed child pornography between Oct. 11, 2015 and Oct. 22, 2015, in Bernalillo County.  At the time, Weitz allegedly committed these offenses while he was employed as a kindergarten teacher by the Albuquerque Pubic Schools (APS).  APS suspended Weitz’s employment following his arrest in early Nov. 2015, on related state charges.

According to the criminal complaint, the investigation into Weitz began on Oct. 11, 2015, when an agent of the New Mexico Internet Crimes Against Children (ICAC) Task Force identified a computer with a specific IP address that was being used to share child pornography files.  The criminal complaint alleges that between Oct. 11, 2015 and Oct. 22, 2015, the investigators were able to download a number of child pornography files from the computer at the IP address. 

The criminal complaint alleges that further investigation revealed that the aforementioned IP address was subscribed to Weitz.  On Nov. 4, 2015, a state court search warrant was executed at Weitz’ residence, and ICAC Task Force agents found Weitz allegedly in possession of a computer containing 40 files of child pornography.  Weitz was arrested that day on related state charges, which have since been dismissed in favor of federal prosecution.

If convicted of the federal distribution or receipt of child pornography charges, Weitz faces a mandatory minimum of five years and a maximum of 20 years in prison.  If convicted of the federal possession of child pornography, he faces a maximum of 20 years in prison. Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the New Mexico ICAC Task Force, the Bernalillo County Sheriff’s Office, the Albuquerque office of the FBI and the New Mexico Regional Computer Forensics Laboratory with assistance from the New Mexico Office of the Attorney General.  Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, 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 http://www.justice.gov/psc/.

The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the Office of the New Mexico Attorney General.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.