Wayne D. Szymczyk Major (O-4), U.S. Marine Corps Convicted Sex Offender Possession Of Child Pornography

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Name: Wayne D. Szymczyk

Case: United States v. Szymczyk No. NMCCA 200000718

Sentence adjudged 26 February 1999

Decided 23 June 2005

Plea: Not Guilty

Charges: possessing child pornography

Military Branch: U.S. Marine Corp

Listed In National Sex Offenders Registry? NO

A general court-martial, composed of officer members, convicted the appellant, contrary to his pleas, of 3 specifications of conduct unbecoming an officer, transporting child pornography in interstate or foreign commerce, receiving child pornography through interstate or foreign commerce, possessing 3 or more items containing child pornography that were transported in interstate or foreign commerce, and sending and exchanging obscene matters in interstate commerce or through an interactive computer service, in violation of Articles 133 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 933 and 934, and 18 U.S.C. § 2252(a)(1),(2) and (4), and 18 U.S.C. § 1465. The members sentenced the appellant to a dismissal and confinement for 3 months.

The appellant subscribed to Infinity Internet Incorporated (Infinity), an internet service provider (ISP) located in Temecula, Riverside County, California. The appellant used this ISP to enter chat rooms from his home computer using the screen name "Aurther." One of the chat rooms entered was "dad&daughtersex." In this chat room, the appellant met and communicated with "SuzyQ17" who turned out to be an undercover detective with the Miami-Dade County Police Department, Miami, Florida.

The appellant engaged in sexually explicit conversation with, and sent photographs of minors engaged in sexually explicit conduct to, "SuzyQ17." The Miami detective used a chat program that recorded the date, time, images sent by and both sides of the conversation with "Aurther." He further conducted a query that traced the appellant's screen name to Infinity and provided its address in Temecula, California. The Miami detective turned the information over to a U.S. Customs agent who provided the information to a detective with the Riverside County Sheriff's Department, Riverside, California.

With the information from Miami-Dade County and the information received from the appellant's ISP, the detective sought and obtained a search warrant for the appellant's residence. The warrant was executed at the appellant's home resulting in the seizure of nearly 800 visual depictions of minors engaged in explicit sexual activity plus visual depictions of other obscene matters depicting bestiality and rape.

We find that the sentence continues to be appropriate for the offenses and the offender and affirm the sentence as approved by the convening authority. The supplemental court-martial promulgating order shall reflect our action.

The appellant's Motion to Request Oral Argument of 14 October 2003 is hereby denied. The Government's Motion to Seal Prosecution Exhibits of 28 August 2003 is hereby granted. Investigative Exhibits 16, 22, and 23 and Prosecution Exhibits