Grand Jury Returns Federal Indictment Charging Tremonton Man With Production And Possession Of Child Pornography, Coercion And Enticement

            SALT LAKE CITY – A federal grand jury returned a three-count indictment Wednesday afternoon charging Jeremy Rose, age 38, of Tremonton, with production of child pornography, possession of child pornography, and coercion and enticement. 

            Rose was arrested Thursday morning and had an initial appearance late this afternoon before U.S. Magistrate Judge Evelyn Furse. The indictment was unsealed at the hearing.  Rose was released on conditions of supervised release and will have electronic monitoring.

            Rose, a former Tremonton police officer, was prosecuted in state court following an investigation by the Utah Internet Crimes Against Children task force. He was sentenced to 270 days in jail and 36 months of probation in November 2014. He was also ordered to register as a sex offender and complete 60 hours of community service.  

            Federal prosecutors sought a Department of Justice waiver which allowed them to pursue federal charges against Rose for the conduct.  Because the prior prosecution left substantial federal interests unvindicated, Utah prosecutors received authorization to prosecute Rose. 

            “In consultation with the Department of Justice and after careful deliberation, we believe that a federal prosecution is warranted given the facts of this case,” John W. Huber, U.S. Attorney for Utah, said today.  “There are areas of criminal law where we share concurrent jurisdiction with state prosecutors.  Production and possession of child pornography is one of those areas.  This is not a decision we made lightly. However, given the serious nature of the alleged crime, we presented the case to a grand jury this week and will proceed with a federal prosecution of Mr. Rose,” Huber said.

            The first count of the indictment alleges that between the spring of 2012 and June 2013, the defendant knowingly induced, enticed and coerced a minor to engage in sexually explicit conduct for the purpose of producing visual depictions of the conduct.  The second count of the indictment alleges possession of child pornography. The final count of the indictment alleges that Rose induced, enticed, and coerced an individual, who had not reached the age of 18, to engage in sexual activity for which a person can be charged with a criminal offense.  The FBI has joined the investigation for the federal case.

The potential maximum penalty for production of child pornography is 30 years in prison with a minimum mandatory 15-year sentence.  Possession of child pornography carries a maximum potential penalty of 10 years.  The enticement and coercion count has a 30-year maximum sentence with a 10-year minimum mandatory sentence.  Actual sentences for federal crimes are typically less than the maximum penalties.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

            Indictments are not findings of guilt.  Individuals charged in indictments are presumed innocent unless or until proven guilty in court.