BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that James Tracy, 50, of Jamestown, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to receipt of child pornography by a person having a prior conviction for aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor.
The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and $250,000 fine.
Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that between June 13 and August 18, 2018, the defendant received three images and 10 videos of a 15-year-old minor victim.
Tracy solicited the minor victim, a relative, to produce some of the images via Facebook. In December 2018, the defendant told Homeland Security Investigation Special Agents that several years prior he had engaged in oral sexual contact with the 15-year-old-minor victim on at least three occasions.
Investigators conducted a forensic review of Tracy’s electronics and discovered 51 images of child pornography on Tracy’s LG cellular telephone. Some of the images included depictions of violence.
In February 1995, the defendant was convicted of Sexual Abuse in the First Degree, and in March 2001, he was convicted of Attempted Sexual Abuse in the First Degree. Both victims were under the age of 18.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the New York State Police, under the direction of Major James Hall; and the Jamestown Police Department, under the direction of Chief Timothy Jackson.
Sentencing will be scheduled at a later date.