Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man was charged in federal district court with Receipt of Child Pornography and Possession of Child Pornography.
James McKinstry, age 73, was indicted on February 19, 2021. McKinstry appeared before U.S. Magistrate Judge Daneta Wollmann on March 24, 2021, and pleaded not guilty to the charges. The maximum penalty upon conviction is a mandatory minimum of 5 up to 20 years in federal prison and/or a $250,000 fine, up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to McKinstry receiving and possessing child pornography between September 2016 and July 2020 at Rapid City. The charges are merely an accusation and McKinstry is presumed innocent until and unless proven guilty.
The investigation is a joint effort between the South Dakota Division of Criminal Investigation, Department of Homeland Security, Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
McKinstry was released on conditions pending trial. A trial date has been set for June 1, 2021.