Recidivist Sex Offender Is Sentenced To 35 Years In Prison For Possession Of Child Pornography

CHARLOTTE, N.C. – Today, U.S. District Judge Frank D. Whitney sentenced Timothy Scott Pennington, 56, of Dallas, N.C., to 35 years in prison for possession of child pornography that involved a prepubescent minor, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, Judge Whitney also ordered Pennington to serve a lifetime under court supervision upon completion of the prison term and to register as a sex offender.

Ronnie Martinez, Special Agent in Charge of Homeland Security Investigations (HSI) in North Carolina and South Carolina, and Robert Schurmeier, Director of the North Carolina State Bureau of Investigation (SBI), join U.S. Attorney King in making today’s announcement.

“The sexual exploitation of children is a deplorable crime, and recidivist offenders who violate our nation’s child pornography laws will get the VIP treatment from federal prosecutors and our law enforcement partners. Pennington’s lengthy sentence is a testament to my office’s commitment to protect vulnerable children and bring to justice those who cause them harm,” said U.S. Attorney King.

“Protecting children from predators like Mr. Pennington it a top priority of HSI. As a repeat offender, this individual posed a serious threat to children in our community and, thanks to the teamwork of HSI, SBI and the U.S. Attorney’s Office, he is being held accountable for his criminal activity,” said HSI Special Agent in Charge Martinez.

“The work of the U.S. Attorney’s Office, HSI, and our agents on cases like this is why it is so important that we continue to work together to bring individuals who prey on the most vulnerable in our society, children, to justice,” said SBI Director Schurmeier.

According to filed court documents and today’s sentencing hearing, on June 1, 2021, acting on a cybertip submitted to the National Center for Missing and Exploited Children, law enforcement found several images of child pornography, including those involving a toddler, in Pennington’s Google account. Court documents show that Pennington is a recidivist sex offender with prior second degree sexual offense convictions in North Carolina. At the time of this offense, Pennington was serving a term of post-release supervision stemming from a North Carolina conviction for Felony Indecent Exposure. On June 2, 2021, federal, state and local law enforcement conducted a search at Pennington’s residence. According to court records, at that time, Pennington admitted to investigators to taking several of the child pornography images found by investigators, including images involving a toddler. In addition, over the course of the search, law enforcement seized two cell phones from Pennington. A forensic analysis of the devices revealed that Pennington possessed images and videos of child pornography, some of which depicted the sexual abuse of children. At today’s sentencing hearing, Judge Whitney applied a sentencing enhancement related to Pennington’s production of the child pornography. 

In fashioning the sentence, Judge Whitney highlighted the defendant’s extensive criminal history of sexual offenses involving children and cited the need for specific deterrence, noting that the sentence would protect the public and send a message to the community that there are severe consequences for engaging in child exploitation.

On May 11, 2022, Pennington pleaded guilty to two counts of possession of child pornography that involved a prepubescent minor. He is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.

In making today’s announcement, U.S. Attorney King commended the HSI and SBI for their investigation of the case and thanked the North Carolina Division of Adult Correction and Juvenile Justice and the Gaston County Sheriff’s Office for their invaluable assistance. U.S. Attorney King also thanked Gaston County District Attorney Travis Page for his office’s coordination and assistance in this case.

Assistant U.S. Attorney Mark T. Odulio of the U.S. Attorney’s Office in Charlotte prosecuted the case.

This case is 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 U.S. Attorneys’ 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.