FRESNO - On Oct. 31, 2024, a federal grand jury returned a two-count indictment against Joel Damian Ortega, 35, of Merced, charging him with receipt and distribution of child pornography, U.S. Attorney Phillip A. Talbert announced. The indictment was unsealed following Ortega’s arrest yesterday.

According to court documents, between Jan. 26, 2024, and July 7, 2024, Ortega used a Samsung Galaxy smartphone to receive and distribute at least one visual depiction of a child engaged in sexually explicit conduct. Ortega also used an iPhone to receive at least one visual depiction of a minor engaged in sexually explicit conduct on April 2, 2024.

This case is the result of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Brittany M. Gunter is prosecuting it.

If convicted, Ortega faces a maximum statutory penalty of up to 20 years, with a mandatory minimum of five years in prison and a $250,000 fine for each charge. Any sentence, however, would be determined at the discretion of the court after considering any applicable statutory factors and the Federal Sentencing Guidelines, which consider several variables.

The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.