Case 1:18-cr-00100-RDB Document 17 Filed 05/03/18 Page 1 of 10
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF MARYLAND
ClERWS OFFle'"

UNITED STATES OF AMERICA

KENNETH BRIAN FISCHER,
Defendant

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BY
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09

CRIMINAL NO. RDB-18-0100
(production of Child Pornography,
18 U.S.C. ~ 2251(a); Attempted
Production of Child Pornography,
18 U.S.C. ~~ 2251(a) and (e);
Transportation of Child Pornography,
18 U.S.C. ~ 2252(a)(1); Receipt of Child
Pornography, 18 U.S.C. ~ 2252(a)(2);
Attempted Enticement of a Minor,
18 U.SC. ~ 2422(b); Aiding and
Abetting, 18 U.S.C. ~ 2; Forfeiture)

SUPERSEDING INDICTMENT
COUNT ONE
(production of Child Pornography)
The Grand Jury for the District of Maryland charges that:
Introduction
At all times relevant to this Superseding Indictment,
1.

Defendant KENNETH BRIAN FISCHER, age 40, was a resident of Carroll

County, Maryland. FISCHER was a teacher employed by the Carroll County School System.
2.

FISCHER used social media applications to include Kik and Grindr to meet and

communicate with underage minor males for the purpose of enticing and directing the minors to
produce depictions of sexually explicit conduct and send them to FISCHER.
3.

Kik is a smartphone messenger application available for most iOS, Android, and

Windows Phone operating systems. Kik Messenger allows users to send text, pictures, videos,
sketches, and other files within the Kik application. Kik is free to download and uses an existing
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 Case 1:18-cr-00100-RDB Document 17 Filed 05/03/18 Page 2 of 10

Wi-Fi connection or data plan to send and receive messages.
4.

Grindr is a geosocial networking application that runs on iOS and Android

operating systems and is available for download.
5.

In or about August 2017, law enforcement identified FISCHER after he

communicated with a undercover agent posing as a minor male on Grindr. Law enforcement
subsequently executed a search warrant at FISCHER's home on Amherst Lane in Westminster
Maryland and seized various electronic devices. An Apple iPhone revealed that FISCHER had
been communicating with real minors beginning at least in or about November 2014 and
continuing through his arrest in September 2017.
The Minor Victims
6.

At all times relevant to this Indictment, John Doe 1, John Doe 2, John Doe 3, John

Doe 4, and John Doe 5 were minor males ranging in age from 15 to 17 years old who lived in the
state of Maryland and elsewhere.
The Charge
7.

On or about November 15,2014, in the District of Maryland, the defendant,
KENNETH BRIAN FISCHER,

did knowingly employ, use, persuade, induce, entice, and coerce a minor to engage in any
sexually explicit conduct as defined in Title 18, United States Code, Section 2256(2), for the
purpose of producing any visual depiction of such conduct, which visual depiction had been
produced using materials that had been mailed, shipped, and transported in and affecting
interstate and foreign commerce by any means, that is, two videos which depicts the genitals of a
minor male, John Doe 1 and two still images of the genitals ofa minor male, John Doe 1.
18 U.S.c.
18 U.S.c.

S 2251(a)
S2
2

 Case 1:18-cr-00100-RDB Document 17 Filed 05/03/18 Page 3 of 10

COUNT TWO
(Transportation of Child Pornography)
The Grand Jury for the District of Maryland further charges that:
1.

The allegations of Paragraphs 1 through 6 of this Superseding Indictment are

incorporated here.
2.

On or about April 26, 2015, in the District of Maryland, the defendant,
KENNETH BRIAN FISCHER,

did knowingly transport and ship using any means and facility of interstate and foreign
commerce and in and affecting interstate and foreign commerce, by any means, including by
computer and mails, any visual depiction, the production of which involved the use of a minor
engaged in sexually explicit conduct, as defined in Title 18, United States Code, Section 2256(2),
and such depiction being of such conduct, that is, the defendant knowingly transported one or
more visual depictions of a minor engaged in sexually explicit conduct, to wit: the defendant sent
an electronic mail message of a minor male, to wit John Doe 1, engaged in sexually explicit
conduct to the email address ••emti1205@hotmail.com .••

18 U.S.c.

SS 2252(a)(1)

& 2256

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 Case 1:18-cr-00100-RDB Document 17 Filed 05/03/18 Page 4 of 10

COUNT THREE
(Attempted Production of Child Pornography)
The Grand Jury for the District of Maryland further charges that:
1.

The allegations of Paragraphs 1 through 6 of this Superseding Indictment are

incorporated here.
2.

Beginning on or about May 30, 2017, and continuing thereafter until on or about

June 18, 2017, in the District of Maryland, the defendant,
KENNETH BRIAN FISCHER,
did knowingly attempt to employ, use, persuade, induce, entice, and coerce a minor, to wit John
Doe 2, to engage in any sexually explicit conduct as defined in Title 18, United States Code,
Section 2256(2), for the purpose of producing any visual depiction of such conduct, which visual
depiction had been produced using materials that had been mailed, shipped, and transported in
and affecting interstate and foreign commerce by any means.
18 U.S.C.
18 U.S.C.

SS 2251(a)
S2

and (e)

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 Case 1:18-cr-00100-RDB Document 17 Filed 05/03/18 Page 5 of 10

COUNT FOUR
(Production of Child Pornography)
The Grand Jury for the District of Maryland further charges that:
1.

The allegations of Paragraphs 1 through 6 of this Superseding Indictment are

incorporated here.
2.

On or about June 29, 2017, in the District of Maryland and elsewhere, the

defendant,
KENNETH BRIAN FISCHER,
did knowingly employ, use, persuade, induce, entice, and coerce a minor to engage in any
sexually explicit conduct as defined in Title 18, United States Code, Section 2256(2), for the
purpose of producing any visual depiction of such conduct, which visual depiction had been
produced using materials that had been mailed, shipped, and transported in and affecting
interstate and foreign commerce by any means, that is, an image of the genitals of a minor male,
John Doe 3.

18 U.S.C. ~ 225l(a)

18 U.S.c. ~ 2

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 Case 1:18-cr-00100-RDB Document 17 Filed 05/03/18 Page 6 of 10

COUNT FIVE
(Attempted Production of Child Pornography)
The Grand Jury for the District of Maryland further charges that:
1.

The allegations of Paragraphs 1 through 6 of this Superseding Indictment are

incorporated here.
2.

Beginning on or about July 17, 2017, and continuing thereafter until on or about

September 1, 2017, in the District of Maryland, the defendant,
KENNETH BRIAN FISCHER,
did knowingly attempt to employ, use, persuade, induce, entice, and coerce a minor, to wit John
Doe 4, to engage in any sexually explicit conduct as defined in Title 18, United States Code,
Section 2256(2), for the purpose of producing any visual depiction of such conduct, which visual
depiction had been produced using materials that had been mailed, shipped, and transported in
and affecting interstate and foreign commerce by any means.
18 U.S.C. ~~ 2251(a) and (e)
18 U.S.C. ~ 2

6

 Case 1:18-cr-00100-RDB Document 17 Filed 05/03/18 Page 7 of 10

COUNT SIX
(Receipt of Child Pornography)
The Grand Jury for the District of Maryland further charges that:
1.

The allegations of Paragraphs 1 through 6 of this Superseding Indictment are

incorporated here.
2.

On or about August 8, 2017, in the District of Maryland, the defendant,
KENNETH BRIAN FISCHER,

did receive and distribute using any means and facility of interstate and foreign commerce and in
and affecting interstate and foreign commerce, by any means, including by computer and mails,
any visual depiction, the production of which involved the use of a minor engaged in sexually
explicit conduct, as defined in Title 18, United States Code, Section 2256(2), and such depiction
being of such conduct, that is, the defendant knowingly received one or more visual depictions of
a minor engaged in sexually explicit conduct, to wit: the defendant received two photographs
sent through the Internet of the genitals of a minor male, John Doe 3.

18 U.S.C.

SS 2252(a)(2)

& 2256

7

 Case 1:18-cr-00100-RDB Document 17 Filed 05/03/18 Page 8 of 10

COUNT SEVEN
(Production of Child Pornography)
The Grand Jury for the District of Maryland further charges that:
1.

The allegations of Paragraphs 1 through 6 of this Superseding Indictment are

incorporated here.
2.

On or about August 29,2017, in the District of Maryland, the defendant,
KENNETH BRIAN FISCHER,

did knowingly employ, use, persuade, induce, entice, and coerce a minor to engage in any
sexually explicit conduct as defined in Title 18, United States Code, Section 2256(2), for the
purpose of producing any visual depiction of such conduct, which visual depiction had been
produced using materials that had been mailed, shipped, and transported in and affecting
interstate and foreign commerce by any means, that is, five images of the genitals of a minor
male, John Doe 5.
18 U.S.C. ~ 2251(a)
18 U.S.C. ~ 2

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 Case 1:18-cr-00100-RDB Document 17 Filed 05/03/18 Page 9 of 10

COUNT EIGHT
(Attempted Enticement of a Minor)
The Grand Jury for the District of Maryland further charges that:
1.

The allegations of Paragraphs 1 through 6 of this Superseding Indictment are

incorporated here.
2.

Beginning on or about August 31, 2017, and continuing thereafter until on or

about September 5, 2017, in the District of Maryland and elsewhere, the defendant,
KENNETH BRIAN FISCHER,
did attempt, using the mail and any facility and means of interstate and foreign commerce, to wit:
electronic mail and text messaging, to knowingly persuade, induce, entice and coerce any
individual who has not attained the age of 18 years, to engage in any sexual activity for' which
any person can be charged with a criminal offense.
18 U.S.C.

S 2422(b)

9

 Case 1:18-cr-00100-RDB Document 17 Filed 05/03/18 Page 10 of 10

FORFEITURE
As a result of the offenses set forth in Counts One through Eight, the defendant,
KENNETH BRIAN FISCHER,
shall forfeit to the United States his interest in all property, real and personal,
1.

that was used, and intended to be used, to commit and to facilitate the commission
of the offenses in Counts One through Eight, including but not limited to:
a. an Apple iPhone 7, model Al778, serial number F17T2Y5FHG7K;

2.

or that constitutes and is derived from any proceeds that such person obtained,
directly and indirectly, as a result of the offenses in Counts One through Eight.

18 U.S.C. 992428,2253

~~\~.~/MfL
Robert K. Hur
'
United States Attorney

A TRUE BILL:

SIGNATURE REDACTED
Date

Fo~n

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