Klondike man, 28, charged with child porn possession

Anonymous tip led to seizure of hard drive with multiple images of children under 18

From Staff Reports

Oct. 14, 2008 - A Klondike man has been arrested on two counts of child pornography possession, according to Delta County authorities.

Sheriff G.R. Wood announced Monday afternoon that Donald Monroe Bartlett Jr., 28, had been arrested for possession of child pornography and possession of child pornography with intent to promote child pornography.

The arrest closes an investigation that began in August when the Delta County Sheriff's Office received an anonymous tip that Bartlett was in possession of the material.

A computer hard drive containing the images was seized at Bartlett's home after the tip was received, and the disk was sent to the National Center for Missing and Exploited Children in Virginia.

That agency later issued a finding that more than one of the images on the hard drive had been positively identified as depicting children under the age of 18.

District Attorney Martin Braddy issued a complaint against Bartlett, followed by a warrant for his arrest. Bartlett was taken into custody without incident by Delta County Investigator Michael McAda, assisted by deputies Josh Richardson and Don Howell.

Possession of child pornography, a third-degree felony, is defined in the Texas Penal Code as any visual material -- be it photograph, videotape or image on a computer or computer disk -- that "visually depicts a child younger than 18 years of age ... who is engaging in sexual conduct."

A conviction on a third-degree felony carries a possible penalty of two to 10 years in prison and a fine of up to $10,000.

A higher penalty applies for the charge of possession with intent to promote, which is enhanced to a second-degree felony. "Promote" refers to any distribution of the visual images, whether it is sold, loaned out or given away. A person who possesses six or more identical visual depictions of a child under the age of 18 "is presumed to possess the material with the intent to promote the material," according to Section 43.26 of the Texas Penal Code.

Punishment on a second-degree felony conviction carries a prison sentence of two to 20 years and as much as a $10,000 fine.

Bartlett has previously faced charges of burglary and felony theft in Hopkins and Delta counties but no cases involving public indecency.

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