ALBANY, NEW YORK – Derek Luch, 49, of Troy, New York, appeared in federal court today on charges of receiving and owning child pornography.
The announcement was made by US Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent of the Albany Field Office of the Federal Bureau of Investigation (FBI).
A criminal complaint alleges that Luch owned more than 100 pictures of child pornography on or about November 4, 2021, including pictures of prepubescent minors aged 8 to 12. Luch is also accused of using an internet-based peer-to-peer network to download and receive child pornography. The allegations in the lawsuit are just allegations. The defendant is presumed innocent until proven guilty.
Luch first appeared before the judge of US judge Daniel J. Stewart today. He waived his right to a pre-trial hearing and will remain in custody.
If convicted, Luch faces a minimum of 5 years and up to 20 years in prison, a minimum of 5 years and up to life imprisonment after release, and a fine of up to $ 250,000. A defendant is sentenced by a judge based on the law the defendant is alleged to be violating, the U.S. Sentencing Guidelines, and other factors. Luch would also have to register as a sex offender.
This case has been investigated by the FBI and its Child Exploitation Task Force. The Child Exploitation Task Force consists of FBI special agents and state and local police investigators. The case is being pursued by US Assistant Attorney Alexander P. Wentworth-Ping as part of Project Safe Childhood.
Safe Childhood, launched in May 2006 by the Justice Department, is led by the United States Attorney’s Office and the Department of Child Exploitation and Profanity (CEOS) of the Criminal Division. Project Safe Childhood brings together state, state, and local resources to better locate, arrest, and prosecute those who exploit children online, and to identify and rescue victims. For more information on Project Safe Childhood, please visit https://www.justice.gov/psc
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