Man Facing Federal Charges for Child Pornography

The United States Attorney’s Office for the Middle District of Pennsylvania announced Wednesday that Brian Tate, age 34, of Gordon, Pennsylvania, was indicted on November 15, 2016, for attempting to entice a minor to engage in illegal sexual activity and transporting child pornography.

According to United States Attorney Bruce D. Brandler, the indictment alleges that between October 17, 2016 and November 9, 2016, Tate used the internet to attempt to persuade and entice a minor to engage in illegal sexual activity, and during that same time period transported child pornography by any means, including by computer.

If convicted, Tate faces a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison for the attempted enticement of a minor charge, and a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years in prison for transporting child pornography.

The case was investigated by Homeland Security Investigations, United States Postal Inspectors, and the Pennsylvania State Police. Assistant United States Attorney Francis P. Sempa 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 and Criminal Informations 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 these offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. 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.
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