Texas Predator Whittaker Gets Justice in NC Child Sex Case

CHARLOTTE, N.C. – Rusty Joseph Whittaker, 44, of Austin, Texas, is facing a substantial prison sentence after a federal jury in Charlotte found him guilty late yesterday of crossing state lines to prey on a child. Whittaker was convicted on all counts: traveling to North Carolina to engage in sexual activity with a child, enticing a minor, and producing child pornography. The four-day trial, presided over by U.S. District Judge John A. Gibney, Jr., laid bare a calculated and disturbing pattern of online grooming and exploitation.

The case, spearheaded by U.S. Attorney Russ Ferguson for the Western District of North Carolina, detailed how Whittaker used online platforms to target a vulnerable minor. Evidence presented at trial showed Whittaker initially connected with the victim on Antiland, an anonymous messaging app designed to erase digital footprints. He quickly moved the communication to Snapchat, another platform known for its ephemeral messaging, attempting to conceal his predatory behavior. Through these channels, and utilizing online payment platforms, Whittaker solicited and received sexually explicit material from the victim, relentlessly pushing for an in-person meeting.

The prosecution successfully demonstrated that Whittaker traveled from Nashville, Tennessee – where he was attending a conference – to Charlotte on May 20, 2023, with the sole intent of committing a horrific act. The evidence revealed Whittaker brazenly waited for the minor’s father to fall asleep before picking her up from her home. He then drove her to a hotel where he sexually abused her. Adding to the depravity, Whittaker provided the victim with items of value before abandoning her a distance from her home, forcing her to walk barefoot.

“Nothing is more important than the safety of our children,” stated U.S. Attorney Ferguson. “This predator was identified, found, and brought to justice, and we will continue that effort.” James C. Barnacle, Jr., Special Agent in Charge of the FBI in North Carolina, echoed this sentiment, adding, “An adult who takes advantage of a child for sexual gratification is vile, loathsome, and abominable. We must protect our children and warn them of the dangers of communicating online.”

Whittaker is currently in the custody of the U.S. Marshals Service. He now faces a mandatory minimum sentence of 15 years in federal prison, with the possibility of life without parole. The final sentence will be determined by Judge Gibney after a presentence investigation conducted by the United States Probation Office. Assistant U.S. Attorney Daniel Cervantes prosecuted the case. The Charlotte Mecklenburg Police Department (CMPD) provided substantial assistance in the investigation.

This prosecution is part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat child sexual exploitation and abuse. The project pools federal, state, and local resources to identify, apprehend, and prosecute offenders and rescue victims. More information on Project Safe Childhood can be found at https://www.justice.gov/psc.