Montana man sentenced to nearly 42 years in federal prison for producing child pornography

GREAT FALLS, Mont. — A Montana man was sentenced Tuesday to nearly 42 years in federal prison for producing and receiving child pornography.

This sentence was announced by U.S. Attorney Kurt G. Alme, District of Montana. This case was a cooperative investigation between U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the Cascade County (Montana) Sheriff’s Office. Both agencies are members of the Montana Internet Crimes Against Children Task Force.

Timothy Allen Weaver, 36, from Dearborn, Montana, was sentenced by U.S. District Judge Brian Morris, to 500 months in federal prison, a lifetime of supervised release, and $3,000 in restitution to the victim.

Weaver pleaded guilty plea to two counts of sexual exploiting children (so that he could produce child pornography) and one count of receiving child pornography.

In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:

• In August 2016, the Cascade County Sheriff’s office was conducting a criminal investigation, and Defendant Timothy Weaver’s residence in Cascade, Montana, was searched pursuant to a search warrant. Items were seized including an eMachines computer, a Polaroid Tablet, and a Microsoft cellphone. During a forensic analysis and review of the seized items, files were located that depicted children engaged in sexually explicit conduct.
• The child pornography files discovered included images of a child engaged in sexually explicit conduct. In addition to those images, Weaver possessed images of other children engaged in sexually explicit conduct and that Weaver received those images between 2010 and 2016.
• In its Sentencing Memorandum, it was noted that Weaver engaged in a repeated pattern, covering about five years, of sexually exploiting a child. He violently abused the child victim multiple times per week, including choking. During the abuse and humiliation, the victim closed her eyes and cried.

“The efforts of the Cascade County Sheriff’s Office in promptly searching Weaver’s residence and then requesting the assistance of the Montana Internet Crimes Against Children Task Force and HSI have not only rescued this child from Weaver’s on-going abuse, but it also protected other children from victimization," said U.S. Attorney Kurt G. Alme.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that Weaver will likely serve all of the time imposed by the court. In the federal system, Weaver has the opportunity to earn a sentence reduction for "good behavior." However, this reduction cannot exceed 15 percent of the overall sentence.

This investigation was conducted under HSI’s Operation Predator, an international initiative to protect children from sexual predators. Since the launch of Operation Predator in 2003, HSI has arrested more than 16,000 individuals for crimes against children, including the production and distribution of online child pornography, traveling overseas for sex with minors, and sex trafficking of children. In fiscal year 2016, more than 2,600 child predators were arrested by HSI special agents under this initiative and more than 800 victims identified or rescued.

HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free Tip Line at 1-866-DHS-2-ICE or by completing its online tip form. Both are staffed around the clock by investigators. From outside the U.S. and Canada, callers should dial 802-872-6199. Hearing impaired users can call TTY 802-872-6196.

Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST.

For additional information about wanted suspected child predators, download HSI’s Operation Predator smartphone app or visit the online suspect alerts page. HSI is a founding member of the Virtual Global Taskforce, an international alliance of law enforcement agencies and private industry sector partners working together to prevent and deter online child sexual abuse.