Man with Criminal Past in Whitehall, Baldwin Charged with Child Porn Distribution

A former Whitehall Borough man has been indicted by a federal grand jury in Pittsburgh on charges of distribution and possession of material depicting the sexual exploitation of a minor, U.S. Attorney David J. Hickton announced on Tuesday.

The three-count indictment named Christopher Malinak, 29, formerly of Prospect Rd. in Whitehall, as the sole defendant, according to a news release from the U.S. Department of Justice.

The Scranton Times-Tribune reports that Malinak is homeless.

According to the indictment, from on or about April 28, 2013, to on or about May 7, 2013, Malinak distributed images containing material depicting the sexual exploitation of minors to an individual located in Madison, WI. The indictment further alleges that, on or about May 1, 2013, Malinak distributed images containing material depicting the sexual exploitation of minors to an individual in Scranton, PA. Finally, the indictment alleges that, on or about May 15, 2013, Malinak possessed visual depictions, namely, images and videos in computer graphics files, the production of which involved the use of minors engaging in sexually explicit conduct.

The law provides for a maximum total sentence of 50 years in prison, a fine of $750,000 or both. Under federal sentencing guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.

According to an online docket sheet, Pittsburgh police charged Malinak in January 2008 with two counts of luring a child into a motor vehicle. He eventually pleaded guilty to those charges and served time in jail and on probation. Malinak has also pleaded guilty to two 2005 Baldwin Borough police charges of corruption of minors, also according to court records, and to 2005 Whitehall police charges of corruption of minors and luring a child into a motor vehicle.

Assistant U.S. Attorney Jessica Lieber Smolar is prosecuting this new case on behalf of the government. The FBI, Allegheny County District Attorney's Office, Lackawanna County Police Department and Madison, WI, Police Department conducted the investigation leading to the indictment in that case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

The new case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse, according to the DOJ's news release.

Led by the U.S. Attorneys' Offices and the Criminal Division's Child Exploitation & Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and to identify and rescue victims.

Visit www.justice.gov/psc for more information about Project Safe Childhood.