Marion man gets 20-year sentence for sexual exploitation

CEDAR RAPIDS - A federal judge Wednesday sentenced a Marion man to 20 years in prison for sexual exploitation of a child and child pornography.

Bryan King, 46, was found guilty by a jury in August of sexual exploitation of a child, distribution of child pornography and receipt of child pornography in U.S. District Court. Testimony shows King claimed he was a 16-year-old while chatting online with a 15-year-old girl in February and March of 2015. He sent her explicit photos of himself and asked for explicit photos of her, which he shared with another person.

U.S. District Judge Leonard Strand went lower than the guideline advisory, which would have been a life sentence and been 'excessive,” he said. He did however, say these were serious offenses, and he found it disturbing that King 'preyed upon” a 15-year-old girl, who was mentally challenged. He also cited a history of 'inappropriate touching,” and said King was at high risk to reoffend.

Strand enhanced the sentence because of the distribution charge and another alleged sexual exploitation of a teen, which was never charged but showed a 'pattern of activity involving prohibited sexual conduct” under the law, he said.

In October 2014, King had a sexually explicit online chat with a 13-year-old boy and repeatedly asked the boy to send him explicit photos, according to court records. He also sent the boy a photo, court records show. During the conversation, there is evidence that King knew he was talking to a minor, according to court records.

Al Willett, King's lawyer, argued King was never charged in the incident, and there was no evidence that the boy was actually 13 years old.

Assistant U.S. Attorney Mark Tremmel argued that a third incident involving King's alleged inappropriate touching of a 6-year-old boy in 2008 showed a pattern of this kind of activity.

King also was never charged in the 2008 case, and throughout a police interview he denied touching the boy. Strand pointed out the incident wasn't reported by the mother to law enforcement or the Department of Human Services. She reported the alleged abuse to the Maury Povich talk show, and officials with the show contacted Iowa DHS, which prompted a police investigation, court records state.

During Wednesday's hearing, Willett argued for fewer than 15 years in prison, pointing out King has an 'intellectual disability,” which an expert testified about during King's trial, and the incident with the 15-year-old girl only involved two photos.

In sexual exploitation or child pornography charges, offenders can be sentenced to more time according to the number of photos or videos they possess or receive.

Tremmel asked Strand to look at the nature and circumstances of the offenses, and pointed out King's 'level of intelligence hasn't prevented him to offend against children.”

Strand said there's no doubt King has developmental issues, but the jury seemed to reject that as a factor during trial and seemed to consider the opinion of the prosecution's expert, who said King operates at a high-functioning level and he could form specific intent.

Strand also ordered King pay a $10,000 fine and he must serve five years of supervised release following his prison time.