Federal prosecutors announced the arrest of an Ithaca man accused of trying to solicit a child under the age of 12 for sex and distributing child pornography, just weeks after he pleaded guilty to a separate offense involving a minor.
David Pastorello, 44, was taken into custody Tuesday evening and appeared in court Wednesday on federal charges of enticement of a minor and distribution of child pornography, according to the U.S. Attorney’s Office for the Northern District of New York.
Court documents allege that Pastorello sent sexually explicit messages and images to a girl under 12, including content that meets the federal definition of child pornography. Prosecutors also say he entered the child’s apartment without permission before fleeing.
At the time of the alleged federal offense, Pastorello was free on bond from two unrelated state cases. In May, he was arraigned in Tompkins County on a charge of possessing a sexual performance by a child under 16. In July, just days before the federal incident, he pleaded guilty in Cortland County to disseminating indecent material to a minor. Sentencing in that case was pending.
Acting U.S. Attorney John A. Sarcone III criticized the state’s decision to allow Pastorello to remain free while facing prior charges. “Despite having committed other crimes relating to child sexual abuse, Pastorello was allowed by state authorities to be out of custody,” he said. “His new crimes demonstrate how dangerously unwise that decision was.”
FBI Special Agent in Charge Craig L. Tremaroli described Pastorello as “a repeat offender with an alarming criminal history,” adding, “These charges would not have been possible without the incredible assistance and coordination provided by our partners from the Tompkins County Sheriff’s Office, Ithaca Police Department, and New York State Police.”
Pastorello is now in federal custody and faces serious penalties if convicted. The enticement charge carries a mandatory minimum of 10 years and a maximum sentence of life in prison. The distribution of child pornography charge carries a mandatory minimum of 5 years and a maximum of 20 years. He would also be required to register as a sex offender.
The case is being prosecuted by Assistant U.S. Attorney Ben Gillis under Project Safe Childhood, a national initiative to combat child sexual exploitation.
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