York County Man Charged With Child Exploitation Offenses

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Gilbert Joseph Swann, III, age 67, of Delta Borough, Pennsylvania,  was indicted on November 13, 2019, by a federal grand jury for exploitation of minors.

According to United States Attorney David J. Freed, the indictment alleges that Swann received and possessed images of child pornography between May 2012 and July 2013, in York County.  The indictment also seeks forfeiture of all electronic equipment used to take those images, Freed said.

This case was investigated by the Pennsylvania State Police with the assistance of the Federal Bureau of Investigation.  Assistant United States Attorney James T. Clancy is prosecuting the case.

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 and abuse. Led by the United States Attorneys' 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 individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit  www.usdoj.gov/psc and click on the tab "resources."

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for receipt of child pornography charge is 20 years’ imprisonment and a $250,000 fine.  That charge carries a mandatory minimum term of imprisonment of 5 years.  The possession of child pornography charge is punishable by a maximum of 10 years’ imprisonment and a $250,000 fine.  Both charges carry a term of supervised released following imprisonment.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.