Case Document 27 Filed 02/05/20 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA Criminal No. 1?[1 
v. Indictment

LAWRENCE BERRY, Violations: 18 U.S.C. 2251(a) and 






[Conspiracy to Sexually
Defendant. Exploit a Child]
18 U.S.C. 2251(a) and 
[Sexual Exploitation of a
Child]

6 Counts



County of Offense: Cortland

THE GRAND JURY CHARGES:

COUNT 1
[Conspiracy to Sexually Exploit a Child]

In or about August and September 2018, in Cortland County in the Northern District of
New York and elsewhere, the defendant, LAWRENCE BERRY, conspired with Brittany Berry
to use V-l, a minor male born in 2015, whose identity is known to the defendant, to engage in
sexually explicit conduct for the purpose of producing visual depictions of such conduct, knowing
and having reason to know that such visual depictions would be transported and transmitted using
a means and facility of interstate and foreign commerce and in and affecting such commerce, and
where the visual depictions would be produced using materials that had been mailed, shipped, and
transported in and affecting interstate and foreign commerce by any means, including by computer,
and where such visual depictions would be actually transported and transmitted using a means and
facility of interstate and foreign commerce and in and affecting such commerce, in violation of

Title 18, United States Code, Sections 225 

Case Document 27 Filed 02/05/20 Page 2 of 3

COUNTS 2-6
[Sexual Exploitation of a Child]

On or about the dates listed below, in Cortland County in the Northern District of New
York, the defendant, LAWRENCE BERRY, did use, and aid, abet, counsel, command, induce,
and procure the use of, V-1 a minor male born in 2015, whose identity is known to the defendant,
to engage in sexually explicit conduct for the purpose of producing visual depictions of such
conduct, knowing and having reason to know that such visual depictions would be transported and
transmitted using a means and facility of interstate or foreign commerce and in and affecting such
commerce, and where the visual depictions were produced using materials that had been mailed,
shipped, and transported in and affecting interstate and foreign commerce by any means, including
by computer, and where such visual depictions were actually transported and transmitted using a
means and facility of interstate and foreign commerce and in and affecting such commerce, in
violation of Title 18, United States Code Sections 2251(a) and Title 18, United States Code,

Section 2.

 

Count Date

2 August 11, 2018

August 12, 2018

August 19, 2018

September 2, 2018 (morning)
September 2, 2018 (afternoon)

 

 

 

 

 

 

 

 

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FORFEITURE ALLEGATION
The allegations contained in Counts 1-6 of this Indictment are hereby realleged and
incorporated by reference herein for the purpose of alleging forfeiture pursuant to the provisions

of Title 18, United States Code, Section 2253.

Case Document 27 Filed 02/05/20 Page 3 of 3

Pursuant to Title 18, United States Code, Section 2253, upon conviction of the charges
alleged in Counts 1-6, the defendant, LAWRENCE BERRY, shall forfeit to the United States of
America:

a. Any visual depiction described in Title 18, United States Code, Sections 2251 and
2252A (incorporated the de?nition of child pornography in 18 U.S.C. 2256(8), or any book,
magazine, periodical, ?lm, videotape, or other matter which contains any such visual depiction,
which was produced, transported, mailed, shipped, or received in violation of Title 18, United
States Code, Chapter 1 10;

b. Any property, real or personal, constituting or traceable to gross pro?ts or other
proceeds obtained from the offense; and

c. Any property, real or personal, used or intended to be used to commit or to promote
the commission of the offense.

The property to be forfeited includes, but is not limited to:

a. One Tracfone Model cellular telephone, lMEl Number: 99000894125.

Dated: February 5, 2020
A TRUE BILL, REDACTED .

 

GRANT C. JAQUITH
United States Attorney

By: yyky/M/?/?xq

Michael D. Gadarfan 
Assistant United States Attorney
Bar Roll No. 517198