Alleged Production, Distribution, and Possession of Child Pornography Results in Indictment of 22-Year-Old Man

HOUSTON—A 22-year-old man has been indicted for allegedly producing, distributing, and possessing child pornography, United States Attorney José Angel Moreno announced today.

A three-count indictment charging Arturo Enrique Ochoa, 22, with producing child pornography and one count each of distributing child pornography and possessing child pornography was returned by a federal grand jury sitting in Houston today, Feb. 15, 2011. According to allegations in the indictment, Ochoa has been producing child pornography since 2009, distributing the child pornography since November 2010 and possessed child pornography as recently as Jan. 12, 2011.

The charges against Ochoa are the result of an investigation conducted by members of the Innocent Images Unit of the Houston FBI—which focuses its attention on investigating offenses involving the exploitation of children via the Internet—originally initiated by the filing of a criminal complaint on Jan. 12, 2011. According to the criminal complaint, Ochoa allegedly made 340 files containing child pornography available online through a peer-to-peer network. These images included sexually explicit activity involving minor males. Additionally, the criminal complaint alleges that on Jan. 12, 2011, as a result of the execution of a search warrant at Ochoa's Houston area residence, DVDs and a CD which contained more than 1,000 images and 200 videos of child pornography were discovered and seized. Those images/videos also involved sexually explicit activity involving minor male children and images depicting bondage of the minors.

Ochoa faces a mandatory minimum statutory sentence of 15 years’ imprisonment up to a maximum of 30 years if convicted of producing child pornography. The distribution of child pornography carries a mandatory minimum sentence of five years up to 20 years’ imprisonment. The possession of child pornography is punishable by up to 10 years in prison. Additionally, each charge is punishable by a $250,000 fine. Each offense also carries the a maximum life term of supervised release during which the court can impose a number of special conditions designed to protect the children and prohibit the use of the Internet.

Ochoa has been in federal custody since his January 2011 arrest and will remain in custody pending trial. An arraignment date will be set by the court in the near future.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation. Led by United States Attorneys' Offices, 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 is being prosecuted by Assistant U.S. Attorney Sherri L. Zack.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.