Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for two counts of Transportation of Child Pornography.
Herbert Sittingcrow, age 45, was indicted on December 7, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on December 9, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 years in federal prison and/or a $250,000 fine, life of supervised release, and up to $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between March 19, 2021, and Oct. 21, 2021, Sittingcrow knowingly transported child pornography using the Internet. Sittingcrow uploaded graphic images and video files depicting one or more minors engaged in sexually explicit conduct into his Kik Messenger user account and Google email account.
The charges are merely accusations and Sittingcrow is presumed innocent until and unless proven guilty.
The investigation is being conducted by Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Sittingcrow was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Source: U.S. Department of Justice, Office of the United States Attorneys
