United States Attorney Mary Beth Buchanan announced today, September 18, 2008, that on September 16, 2008, James A. Pershing of Ligonier, Westmoreland County, Pennsylvania, was indicted by a federal grand jury in Pittsburgh on a charge of Possession of Child Pornography. The one-count indictment named Pershing, age 23, as the sole defendant.

According to the indictment, in and around July 2008, Pershing possessed movies depicting a minor engaging in sexually explicit conduct. The movies and the materials used to produce them had been shipped and transported in interstate and foreign commerce.

Assistant United States Attorney Luke E. Dembosky, who presented the case to the grand jury, indicated that the law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

The Pennsylvania State Police, a member of the Western Pennsylvania Crimes Against Children Task Force, with assistance from the Federal Bureau of Investigation, conducted the investigation leading to the indictment in this case.

An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.