Registered Sex Offender Charged With Sending Obscenity To A Massachusetts Minor

Jay Clayton, the United States Attorney for the Southern District of New York, and James Crowley, the Acting Special Agent in Charge of the Boston Field Division of the Federal Bureau of Investigation (“FBI”), announced today the arrest of DAVID FERNANDES III.  FERNANDES is charged with sending obscenity to a minor and being a registered sex offender when he sent obscenity to a minor.  FERNANDES was arrested Thursday, May 1, and presented Friday, May 2, before U.S. Magistrate Judge Judith C. McCarthy in White Plains federal court and detained.

U.S. Attorney Jay Clayton said: “Allegedly, David Fernandes III, a registered sex offender, was not deterred by his previous involvement with the criminal justice system. This case underlines the urgent need for law enforcement to continue its efforts to protect children. The women and men of the Southern District and the FBI will use every tool available to investigate and prosecute those who sexually exploit children.”   

FBI Acting Special Agent in Charge James Crowley said: “Anyone willing to sexually exploit children deserves to feel the full force of the law. The FBI has arrested David Fernandes, a registered sex offender, for sending sexually explicit material to an 11-year-old child in Massachusetts. Each time we’re able to step in and protect a child from further sexual exploitation, it’s a good day.”

As alleged in the Complaint filed on April 29, 2025, in White Plains federal court and statements made in court^[1]:

On or about October 8, 2024, FERNANDES knowingly transmitted to an 11-year-old an obscene photo of an adult male hand holding a penis. At the time FERNANDES engaged in this felony offense involving a child, he was required to register as a sex offender.

On March 19, 2019, FERNANDES was convicted in New York state of Disseminating Indecent Material to a Minor, for which he received a sentence of five years’ probation. He completed this sentence on or about September 12, 2024.   

On or about October 11, 2024, the mother of an 11-year-old child (“Victim-1”) reported to the Holden Police Department, in Holden, Massachusetts, that she had discovered sexually explicit images and communications on Victim-1’s phone with a phone number ending in 4245 (the “4245-Phone”). She also reported that her daughter had advised her that her daughter’s 12-year-old friend (“Victim-2”) had been in communication with the user of the 4245-Phone. 

A forensic review of Victim-1’s phone revealed over 4000 messages exchanged between Victim-1’s phone and the 4245-Phone between October 4, 2024, and October 8, 2024. In the messages, the user of the 4245-Phone identified himself as a 26-year-old man and transmitted sexually explicit videos and photos of an adult man to Victim-1’s phone. At approximately 4:41 a.m. on October 4, 2024, the 4245-Phone transmitted a video to Victim-1’s phone revealing an adult holding an erect penis, masturbating and ejaculating. At approximately 3:58 a.m. on October 8, 2024, the 4245-Phone texted, “I wanna feel u,” “Like genuinely feel inside u” and “I wanna be all the way inside you.” At approximately 4:00 a.m. on October 8, 2024, the 4245-Phone transmitted a photo of a male hand holding an erect penis. Shortly thereafter, the 4245-Phone texted, "Imagine that inside u."

Victim-1 advised law enforcement that she first communicated with the 4245-Phone on or about October 4, 2024. Victim-2 advised law enforcement that she began communicating with the user of the 4245-Phone, who identified himself to her as “David,” in approximately September 2024 and communicated with him on Snapchat, Roblox, and through video chats on Google Meet. Victim-2 advised that “David” requested sexually explicit pictures and videos of Victim-2 and that she transmitted them to him, mostly via Snapchat. Victim-2 provided “David” with Victim-1’s phone number so that she and David could message one another.

Anyone who may have encountered FERNANDES, who used the Snapchat user names “tazjazz,” “diamondboy24k,” “itsmagikyouknow,” and “retrovxrse, or whose child may have had any communications with FERNANDES, is asked to contact the FBI at 1-800-CALL-FBI (225-5324).

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FERNANDES, 27, of Lagrangeville, New York, is charged with one count off transferring obscene material to a minor, which carries a maximum sentence of 10 years in prison, and one count of committing the offense while being required to register as a sex offender, which carries a mandatory consecutive sentence of 10 years in prison. 

The statutory maximum sentences are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. 

Mr. Clayton praised the efforts of the FBI, including the FBI New York Hudson Valley Safe Streets Task Force and FBI Boston; the Holden Police Department; the U.S. Attorney’s Office for the District of Massachusetts; the Dutchess County Sheriff’s Office; and the Town of Poughkeepsie Police Department in connection with this investigation.        

The prosecution is being handled by the Office’s White Plains Division.  Assistant U.S. Attorney Marcia S. Cohen is in charge of the prosecution.   

The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.