SALYERSVILLE – A Magoffin County man was sentenced to 15 years in prison on charges related to the possession and distribution of child pornography.
Last month, David K. Jackson, 55, of Allen Drive, in Salyersville, pleaded guilty via an agreement with the Commonwealth Attorney to 20 charges of possessing or viewing matter portraying sexual performance by a minor and one count of distribution of matter portraying sexual performance by a minor (all Class D felonies).
In the judgment and sentencing order from Circuit Judge Kim Childers, from the sentencing hearing held on March 7, the court accepted the plea deal between Jackson, his attorney, Neil Borders, and Assistant Commonwealth Attorney Cameron Adams, and was deemed guilty of all 21 charges against him in Magoffin Co. Circuit Court.
Jackson was sentenced to five years in prison for each of the first three charges against him, to be served consecutively, and 5 years for Counts 4 -21, to be served concurrently, for a total sentence of 15 years in prison. This sentence is to be served at the same time as his federal sentence, as he is currently serving a 17.5-year sentence on similar charges brought against him in federal court.
With the county-level case, Jackson is ordered to undergo a sexual offender evaluation and to follow through with treatment and recommendations, must remain on the sexual offender registration for his lifetime, assumes all financial responsibility for any treatment where attendance is required, have no contact with children without the express prior approval of his therapist and community supervision agent. Other stipulations of his sentencing include that he cannot reside in a setting where there are children without prior approval, shall hold no employment or be involved in any organizations that would place him in contact with or control over children without prior approval. He must fully inform any potential partner in advance of his sexual offense history, including treatment status. He will have no access to a computer initially, but have a graduated period of access under the supervision if his treatment provider and community supervision agent. He must seek mental health treatment for any mental health conditions that may arise in the future and follow all treatment recommendations. He was also ordered to pay court costs in the amount of $130 within six months of his release from prison.
Last year, Jackson, represented by Michael Fox, pleaded guilty to one federal charge of receipt of material involving sexual exploitation of minors, taking a plea deal to have the other seven charges against him dismissed, and receiving 210 months, to run concurrently (at the same time) with the Magoffin County Circuit Court sentencing. He will also be required to serve 10 years of supervised release, and ordered to pay $6,100 in criminal monetary penalties.
Within the federal plea agreement, Jackson agreed that he had knowingly received a visual depiction; and that such visual depiction was shipped or transported in interstate or foreign commerce by any means including computer; that the production of such visual depiction involved the use of a minor engaging in sexually explicit conduct; and he knew at least one of the persons in the visual depiction was a minor and that it was the visual depiction was of such minor engaged in sexually explicit conduct.
According to the federal plea deal, on or about May 20, 2021, Jackson downloaded an image of a prepubescent female (estimated age 7 to 11 years old) lying on a bed. The image depicts the child’s hands bound to her feet, with her legs spread open to expose her private areas. The child’s mouth was also covered in what appeared to be duct tape.
At last record, Jackson was being held at the Floyd County Detention Center, in custody of the U.S. Marshals.
