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Man pleads guilty to child exploitation, porn charges

By KATIE CLONTZ - kclontz@thecouriertimes.com

A New Castle man has pleaded guilty and been sentenced for charges pertaining to child sex crimes. 

Brian A. Koby, 35, was sentenced last month in two separate court cases, both of which took place in Henry Circuit Court 1. 

Koby was first arrested in September 2016. In that case, he was originally charged with 10 counts of possession of child pornography and one count of child exploitation.

Per the terms of a plea agreement, however, he pleaded guilty to child exploitation and possession of child pornography, both Level 5 felonies, according to court documents. The other charges were dismissed. For each conviction, Koby received six years in the Indiana Department of Correction, with four years suspended to sex offender probation.

He was also ordered to pay $183 in court costs, and reimburse the Henry County Public Defender Fund $100. Koby was given a total of nine days credit between time served/earned credit.

The sentences imposed in the first case are to be served concurrently, meaning at the same time. 

Koby was also sentenced in a second case, filed in 2017. In that case, he was originally charged with two counts of child exploitation and three counts of possession of child pornography.

For that case, also part of a plea agreement, Koby pleaded guilty to two counts of child exploitation, both Level 5 Felonies. The remaining charges were dismissed. For each conviction, he received six years in the Indiana Department of Correction, with three years suspended to sex offender probation.

In that case, Koby received a total of 272 days credit between time served/earned credit. He was also ordered to pay another $100 to the Henry County Public Defender Fund. The sentences are also to be served concurrently. 

But, as part of the plea agreement, the sentences in each case will be served consecutively, meaning Koby will have to finish serving time for the first case before beginning to serve time in the second case. He is also required to register as a lifetime sex offender. 

According to court documents, Indiana State Police began investigating Koby in July 2016 after the National Center for Missing and Exploited Children reported that suspected child pornography had been uploaded to Koby’s Facebook page, a police report indicated.

A search warrant was obtained and Koby’s Vine Street residence was searched. In an interview with police, Koby admitted he had downloaded images of child pornography from the Internet in the past, and also received photos via email and through cell phone apps, a report said. Koby estimated there were 100 or fewer images saved on his computer.

During the interview, Koby also told police he participated in chats with underage females and sent nude images of himself to the girls.

However, he denied meeting any of the girls in person or having sexual contact with them, the report stated.

Police recovered several digital photos during their search of Koby’s home, some of which depict children under the age of 8, the report said.

Items seized during the search were sent to the Indiana State Police Lab in Pendleton and then sent to the Cyber Crimes Office for forensic examination.

The charges from the second case stem from Koby’s August 2017 arrest at his Vine Street home by a detective from the Carmel Police Department assigned to the Hamilton County Metro Child Exploitation Task Force.

At the time, a search warrant was being executed as part of an investigation pertaining to the distribution of child pornography.

During an interview, Koby told the detective he had both sent and received child porn while chatting with individuals on the Internet, the probable cause affidavit stated.

Koby claimed he had been using the website since May and also admitted that he viewed child porn about two to three times per week and is sexually aroused by it, often fantasizing about engaging in sexual activity with children.

The probable cause affidavit also states Koby told authorities he has about 100 files of child porn on his computer, 90 percent of which depict pre-pubescent children.