
Nicholas Brandon Moseby. Photo source: The Rob Harvey on Facebook
Allows a judge to impose longer sentence
Previously convicted of the same crimes, 41-year-old Nicholas Brandon Moseby also worked as cheerleader instructor in San Ramon
By Ted Asregadoo, PIO, Contra Costa County District Attorney’s Office
Martinez, California – A Contra Costa County jury today found that aggravating circumstances applied in the case of Nicholas Brandon Moseby, a former middle school teacher and cheerleading instructor previously convicted of sex crimes against minors.
The 41-year-old Concord man was found guilty on October 17th, 2025, following the first phase of his bifurcated trial. The convictions included one felony count of lewd acts upon a child, one felony count of distributing or showing pornography to a minor, and three misdemeanor counts involving child molestation and sexual battery. Jurors were unable to reach a verdict on one felony count of committing a lewd act upon a child, while Moseby was found not guilty on a separate charge of the same offense.
In the second phase of the trial today, the jury determined that the following aggravating factors applied to Moseby’s conviction:
- The victim was particularly vulnerable
- The crimes demonstrated planning and sophistication
- He exploited a position of trust to commit the offenses
The jury did not reach agreement on whether Moseby’s prior convictions showed a pattern of increasing seriousness, and Judge John W. Kennedy declared a mistrial on that specific factor.
These true findings by the jury will allow a judge to impose a longer sentence when Moseby appears for sentencing at 8:30 a.m. on December 19th at the A.F. Bray Courthouse in Martinez.
The case originated in September 2022 when a minor victim reported incidents to authorities. Following an investigation by the Contra Costa County Internet Crimes Against Children Task Force, additional victims came forward. Moseby was arrested on September 14, 2022, and charged two days later, after he reportedly sent a girl videos on Snapchat showing himself masturbating and the parents of his victim reported to police. Deputy District Attorney Jessica Murad prosecuted the case.
At the time of his arrest, Moseby was employed as a biology teacher at Diablo Vista Middle School in Danville and as a cheerleading instructor at Nor Cal Elites in San Ramon. (See related article)
“The victims have traveled a long road to justice,” said District Attorney Diana Becton. “This jury’s verdict opens a path toward healing from the trauma — not only for the victims, but for the
broader community as well.”
Case Number: 01-22-01583 | The People of the State of California v. Nicholas Brandon Moseby
Allen D. Payton contributed to this report.

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