ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Steven D. Hathaway, of DeRuyter, NY, was arrested and charged by criminal complaint with enticing a minor to engage in sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a $250,000 fine, or both.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that according to the complaint, the defendant participated in online communications with an individual he believed was a 12 year old girl. Over the course of several weeks, Hathaway engaged in sexually explicit conversations, during which the defendant asked for nude photographs. Hathaway also requested that the child meet in person to engage in sexual activity. At one point, the defendant purchased the child an iPhone, which he placed in a location near the child’s home, so that the child would be able to communicate with Hathaway and send him photographs. Unbeknownst to the defendant, the child was actually an undercover New York State Police Investigator.
On March 23, 2018, Hathaway arranged to meet the child in the Western District of New York, at which time he was arrested by members of the New York State Police and the Department of Homeland Security.
The defendant made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman and is being held without bail pending a detention hearing.
The complaint is the result of an investigation by the New York State Police, under the direction of Major Richard Allen and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.