United States Attorney Alison J. Ramsdell announced that a jury has convicted Vincent Alberto Barrios, age 42, of Box Elder, South Dakota, of Sexual Exploitation of a Minor, Attempted Sexual Exploitation of a Minor, Enticement of a Minor Using the Internet, Attempted Enticement of a Minor Using the Internet, Receipt of Child Pornography, and Attempted Receipt of Child Pornography following a three-day jury trial in federal district court in Rapid City, South Dakota. The verdict was returned on December 21, 2023.
The Sexual Exploitation charges carry a mandatory minimum penalty of 15 years up to 30 years in custody; the Enticement charges carry a mandatory minimum of 10 years up to life in prison; and the Receipt of Child Pornography charges carry a mandatory minimum of five years up to 20 years in custody. Each conviction carries the possible maximum of a $250,000 fine, a term of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Barrios was indicted by a federal grand jury in August of 2023.
Evidence at trial established that Barrios was arrested as a result of an undercover sex trafficking operation conducted during the 2023 Sturgis Motorcycle Rally, targeting internet predators. Following multiple chats and sexually explicit text messages with a person Barrios believed to be a 13-year-old girl, but who was in fact an undercover agent, Barrios proceeded to negotiate a time and place he would meet the minor to engage in unlawful sex acts. When Barrios went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest. During this time Barrios was also chatting with two other undercover agents Barrios believed to be 14-year-old girls. After a review of Barrios’ phone, law enforcement located a text message conversation with a local 14-year-old female and child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the South Dakota Division of Criminal Investigation, the South Dakota Internet Crimes Against Children Task Force, HSI, and the the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
A presentence investigation was ordered and a sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service.
Citizen’s Guide To U.S. Federal Law On The Extraterritorial Sexual Exploitation Of Children
18 U.S.C. § 2423(d): Travel with intent to engage in illicit sexual conduct
18 U.S.C. § 2423(c): Engaging in illicit sexual conduct in foreign places
18 U.S.C. § 2423(d): Ancillary Offenses
18 U.S.C. §§ 2251(c) and 2260(a): Production of Child Pornography outside the United States
18 U.S.C. § 1591: Sex Trafficking of children by force, fraud, or coercion
18 U.S.C. § 1596: Additional jurisdiction in certain trafficking offenses
Federal law provides “extraterritorial jurisdiction” over certain sex offenses against children. Extraterritorial jurisdiction is the legal authority of the United States to prosecute criminal conduct that took place outside its borders.
Section 2423(c) of Title 18, United States Code, prohibits United States citizens or legal permanent residents from traveling from the United States to a foreign country, and while there, raping or sexually molesting a child or paying a child for sex. Citizens can be punished under this law even if the conduct they engaged in was legal in the country where it occurred. For example, if an individual traveled to a country that had legalized prostitution, and while they were there they paid a child for sex, that individual could still be convicted under this statute. The penalty for this provision is up to 30 years in prison.
Section 2423(b) of Title 18, United States Code, is a similar provision. Section 2423(b) makes it a crime for United States citizens or legal permanent residents to travel from the United States to a foreign country with the intent to engage in illegal sexual conduct with a child such as rape, molestation, or prostitution. The difference between Section 2423(b) and Section 2423(c) is that Section 2423(b) statute requires proof that the defendant had formed his criminal intent at the time he began to travel. The penalty for this offense is also up to 30 years in prison. Finally, Section 2423(d) makes it a crime to be what is known informally as being a “child sex tour operator.” This statute makes it an offense to profit by facilitating the travel of U.S. Citizens or legal permanent residents, knowing that they are traveling for the purpose of engaging in illegal sex with a minor. The penalty for this offense is up to 30 years in prison.
There are also some child pornography laws that apply to conduct overseas. Sections 2251(c) and 2260(a) of Title 18, United States Code both make it a crime for anyone to produce child pornography in foreign countries if they import the child abuse images into the United States, or if they intend to do so. The penalty for a first time offender under these statutes is at least 15 years, up to a maximum of 30 years in prison.
Finally, 18 U.S.C. § 1596 grants extraterritorial jurisdiction over 18 U.S.C. § 1591 (Sex trafficking of children or by force, fraud, or coercion). In this instance, this means that federal prosecutors can investigate and prosecute foreign nationals who commit sex trafficking crimes against children outside the United States. Section 1596 also allows the federal government to investigate and prosecute U.S. nationals and residents who commit child sex trafficking crimes in foreign countries (For more information on 18 U.S.C. § 1591, see Citizen’s Guide to U.S. Federal Law on the Prostitution of Children).
18 U.S.C. § 2251- Sexual Exploitation of Children
(Production of child pornography)
18 U.S.C. § 2251A- Selling and Buying of Children
18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of minors
(Possession, distribution and receipt of child pornography)
18 U.S.C. § 2252A- certain activities relating to material constituting or containing child pornography
18 U.S.C. § 2256- Definitions
18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States
Images of child pornography are not protected under First Amendment rights, and are illegal contraband under federal law. Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.
Notably, the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive. Additionally, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.
Federal law prohibits the production, distribution, reception, and possession of an image of child pornography using or affecting any means or facility of interstate or foreign commerce (See 18 U.S.C. § 2251; 18 U.S.C. § 2252; 18 U.S.C. § 2252A). Specifically, Section 2251 makes it illegal to persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for purposes of producing visual depictions of that conduct. Any individual who attempts or conspires to commit a child pornography offense is also subject to prosecution under federal law.
Federal jurisdiction is implicated if the child pornography offense occurred in interstate or foreign commerce. This includes, for example, using the U.S. Mails or common carriers to transport child pornography across state or international borders. Additionally, federal jurisdiction almost always applies when the Internet is used to commit a child pornography violation. Even if the child pornography image itself did not travel across state or international borders, federal law may be implicated if the materials, such as the computer used to download the image or the CD-ROM used to store the image, originated or previously traveled in interstate or foreign commerce.
In addition, Section 2251A of Title 18, United States Code, specifically prohibits any parent, legal guardian or other person in custody or control of a minor under the age of 18, to buy, sell, or transfer custody of that minor for purposes of producing child pornography.
Lastly, Section 2260 of Title 18, United States Code, prohibits any persons outside of the United States to knowingly produce, receive, transport, ship, or distribute child pornography with intent to import or transmit the visual depiction into the United States.
Any violation of federal child pornography law is a serious crime, and convicted offenders face severe statutory penalties. For example, a first time offender convicted of producing child pornography under 18 U.S.C. § 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison. A first time offender convicted of transporting child pornography in interstate or foreign commerce under 18 U.S.C. § 2252, faces fines and a statutory minimum of 5 years to 20 years maximum in prison. Convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations defined as (i) the images are violent, sadistic, or masochistic in nature, (ii) the minor was sexually abused, or (iii) the offender has prior convictions for child sexual exploitation. In these circumstances, a convicted offender may face up to life imprisonment.
It is important to note that an offender can be prosecuted under state child pornography laws in addition to, or instead of, federal law.
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