Daniel Joseph Feliciano. Photo by CCDA.

Defendant charged with creating video of sexual contact with nine-year old

OAKLAND – A federal grand jury indicted Daniel Joseph Feliciano charging him with producing and possessing child pornography, announced United States Attorney David L. Anderson and Homeland Security Investigations (HSI) San Francisco Special Agent in Charge Ryan L. Spradlin.

According to the indictment, Feliciano, 29, of Pleasant Hill, Calif., is alleged to have coerced a minor to engage in sexually explicit conduct in order to produce a visual depiction of the conduct.  Feliciano is also alleged to have knowingly possessed child pornography. (See related article).

According to a criminal complaint filed December 12, 2019, in connection with this case, this investigation began with a series of tips sent in October and December 2019 to the CyberTipline maintained by the National Center for Missing and Exploited Children (NCMEC).  The tips, referred to as CyberTips by the NCMEC, contained reports from internet service providers to NCMEC as well as the actual files from the accounts being reported.  Investigators from the Silicon Valley Internet Crimes Against Children Task Force traced the files, that included depictions of minors engaged in sexually explicit conduct, to an email account and an IP address in defendant’s name.

According to the complaint, the first CyberTip came from Dropbox in October 2019.  It contained a report and approximately 182 files, including three videos of prepubescent girls engaged in sexually explicit conduct.  Investigators discovered that the last IP address used to access the account could be traced to Feliciano.

In December 2019, several CyberTips alerted NCMEC regarding child pornography stored in a Google account.  The files included two videos of a 9- to 10-year-old child engaged in sexually explicit conduct.  Investigators traced the Google account and the videos to Feliciano.

The indictment charges Feliciano with one count of production of child pornography, in violation of 18 U.S.C. § 2251(a), and one count of possession of child pornography, in violation of 18 U.S.C. § 2251(a)(4)(B) and (b)(2).

Feliciano is next scheduled to appear on February 18, 2020, at 1 p.m. before the Hon. Jeffrey S. White, U.S. District Judge.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted on the production of child pornography charge, the defendant faces a maximum sentence of 30 years imprisonment, a minimum sentence of 15 years, five years to a life term supervised release, a fine of $250,000, a special assessment of $5,100, criminal forfeiture, and restitution.  If convicted on the possession of child pornography charge, the defendant faces a maximum sentence of 20 years imprisonment, five years to a life term supervised release, a fine of $250,000, a special assessment of $5,100, criminal forfeiture, and restitution.  However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Suspected child sexual exploitation may be reported to the National Center for Missing & Exploited Children, via its toll-free 24-hour hotline, 1-800-843-5678.  Indeed, a NCMEC tip led to the investigation in this case.

Assistant U.S. Attorney Jonathan Lee is prosecuting the case with the assistance of Kay Konopaske and Kathleen Turner.  The prosecution is the result of an investigation by the HSI, the Silicon Valley Internet Crimes Against Children Task Force, and the Pleasant Hill Police Department.