Prior state court sex offense qualified as an enhancement for federal child pornography conviction
Jason Kushmaul was indicted by a federal grand jury on two counts of distributing child pornography and with possessing material containing child pornography involving a minor under the age of 12 in violation of 18 U.S.C. section 2252A. He was arrested in Florida by Bay County Sheriff Officer who went to his address based on a tip obtained by Homeland Security that he was distributing child pornography through an App known as Kik. Kushmaul was already registered on the Florida Sex Offender Registry having been previously convicted in Florida of promoting the sexual performance of a child. He pled guilty to the federal offense. The federal statute, Section 2252A, enhances the mandatory minimum from 5 years to 15 years if the offender has a prior conviction under the laws of any state relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor. The sentencing court found that his 2016 Florida conviction “promoting the sexual performance of a child” qualified as a prior conviction that triggered the sentencing enhancement and imposed a 15-year sentence.