Buffalo, N.Y. — Joshua Butler, 42, is back behind bars and facing federal charges after investigators uncovered more than 300 images of child pornography on a cell phone seized during a probation search. The grim discovery, made over eight years after Butler’s prior conviction for exploiting a child, has reignited scrutiny over monitoring of sex offenders in Western New York.
According to a criminal complaint filed today, Butler was previously convicted in Erie County court on April 13, 2016, for one count of Promoting a Sexual Performance by a Child. He was sentenced to 10 years of probation — a decision now under fire as new evidence emerges. As part of that probation, he was explicitly barred from possessing any internet-capable device.
On July 19, 2016, a probation officer conducted a warrantless search of Butler’s Buffalo residence and seized a cellular phone he was not authorized to have. Forensic analysis revealed the device contained hundreds of illegal images, including depictions of children under the age of 12 and scenes involving violence. The find triggered a federal investigation led by the FBI and Homeland Security Investigations.
Acting U.S. Attorney James P. Kennedy, Jr. announced the charge this morning, emphasizing the severity of the offense. The possession of child pornography subsequent to a prior conviction carries a mandatory minimum sentence of 10 years in federal prison, a maximum of 20 years, and a $250,000 fine. Assistant U.S. Attorney Scott S. Allen, Jr. is prosecuting the case.
Butler made his initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy this afternoon. He remains in custody in state court on a probation violation while federal charges proceed. No bond was set pending further review of the evidence and risk assessment.
The investigation was conducted by the Federal Bureau of Investigation, under Special Agent-in-Charge Adam S. Cohen, and Immigration and Customs Enforcement, Homeland Security Investigations, led by Special Agent-in-Charge James C. Spero. Federal authorities stress that the charge is an accusation, and Butler is presumed innocent until proven guilty in court.
Related Federal Cases
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- Joshua Carey, Ariel Machia Arrested in Child Porn Case · Delaware
- VanHousen Gets 13 Years for Child Porn Possession · New York
- Kenmore Teacher Jailed for Child Porn Possession · New York
- Rochester Man Sentenced 48 Months for Child Pornography Possession · New York
Key Facts
- State: New York
- Agency: DOJ USAO
- Category: Sex Crimes
- Source: Official Source ↗
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