November 8, 2024 – FRESNO, CA – On October 31, 2024, a federal grand jury returned a two-count indictment against Joel Damian Ortega, 35, of Merced, charging him with receipt and distribution of child pornography, U.S. Attorney Phillip A. Talbert announced. The indictment was unsealed following Ortega’s arrest on Wednesday.

According to court documents, between January 26, 2024, and July 7, 2024, Ortega used a Samsung Galaxy smartphone to receive and distribute at least one visual depiction of a child engaged in sexually explicit conduct. Ortega also used an iPhone to receive at least one visual depiction of a minor engaged in sexually explicit conduct on April 2, 2024.

This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Brittany M. Gunter is prosecuting the case.

If convicted, Ortega faces a maximum statutory penalty of up to 20 years in prison, with a mandatory minimum of five years in prison, and up to a $250,000 fine for each charge. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the "resources" tab for information about internet-safety education.

Source: DOJ Release