Repeat Sex Offender Sentenced to 20 Years in Prison for Child Pornography Crime

CHARLESTON, W.Va. – Robert M. Harvey, 49, a registered sex offender, was sentenced to the statutory maximum sentence of 20 years in prison for possession of child pornography.

According to court documents and statements made in court, on June 29, 2022, Harvey was at Dismas Charities Inc., a residential reentry facility in St. Albans, when facility staff found Harvey in possession of a cell phone. Harvey was not allowed to possess a cell phone without the approval of his probation officer, and any cell phone he possessed was subject to search and seizure.

Law enforcement analyzed Harvey’s cell phone and found it contained images and videos of child pornography. As part of his guilty plea, Harvey admitted that these images and videos include depictions of minors engaged in sexually explicit conduct.

At the time of this offense, Harvey was on supervised release as a result of his conviction for receipt of child pornography in United States District Court for the Southern District of West Virginia on March 12, 2007. Harvey was sentenced to 17 years and six months in prison, to be followed by a lifetime of supervised release, for that offense. On August 17, 2022, Harvey was sentenced to three years in prison for violating the conditions of supervised release.

Harvey’s criminal history also includes a conviction for possession of child pornography in United States District Court for the Southern District of West Virginia on April 4, 2000.

“When you steal a child’s safety, you forfeit your freedom,” said United States Attorney Moore Capito. “My office fought for the maximum penalty in this case. Anyone who targets a child will face the full force of our justice system. I strongly believe we have a duty to protect our children and the public demands no less. I am committed to pursuing child predators with every tool the law allows – there is no refuge, no excuse, and no mercy for those who prey on our children.”

Capito made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI).

United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Jennifer Rada Herrald prosecuted the case.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:25-cr-69.