Hickory Man Sentenced To 50 Years In Prison For Production And Transportation Of Child Sexual Abuse Material

HARLOTTE, N.C. - Kelly Lee Setzer, 64, of Hickory, N.C., was sentenced to 50 years in prison today for producing and transporting child sexual abuse material (CSAM) in what the sentencing judge called "horrendous torture of babies," announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, Setzer was ordered to serve a lifetime of supervised release and to register as a sex offender after he is released from prison. Setzer was ordered to pay $84,000 in restitution. The Court also ordered forfeiture of, among other things, Setzer's primary residence in Hickory, where he produced and transported the CSAM.

James C. Barnacle, Jr., Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Bryan Adams of the Hickory Police Department, join U.S. Attorney Ferguson in making today's announcement.

"Setzer committed some of the most depraved crimes imaginable: preying on young children and producing horrific abuse material," said U.S. Attorney Ferguson. "Fifty years behind bars ensures he will never harm a child again. I hope it is a message to others so future children are spared from similar actions."

"There are no words to describe the lasting impact of Mr. Setzer's vile behavior on his victims. At his age, a 50-year sentence is effectively a life sentence. Thankfully, he can never harm another child again. The FBI and our law enforcement partners will relentlessly pursue predators who victimize innocent children," said Special Agent in Charge Barnacle.

According to filed documents and the sentencing hearing, on November 3, 2023, officers with the Hickory Police Department executed a search warrant at Setzer's residence for suspected CSAM activity. The officers seized two computers and other electronic devices from the residence. A forensic examination of the seized devices revealed that on at least four occasions Setzer sexually abused a prepubescent child and produced videos depicting the abuse. Setzer also possessed an extensive CSAM library that contained over 48,000 videos and images of children being sexually abused, some as young as infants and toddlers. During the investigation, law enforcement also determined that Setzer had developed an online relationship with a minor and had induced the minor to send him CSAM on multiple occasions.

Setzer pleaded guilty to four counts of production, one count of transportation, and one count of possession and access with intent to distribute child pornography. He remains in custody pending placement at a federal facility by the Federal Bureau of Prisons.

In announcing Setzer's very significant sentence, U.S. District Judge Kenneth D. Bell said, "we are talking about babies here and horrendous torture of babies."

The FBI and the Hickory Police Department investigated the case.

Assistant U.S. Attorneys Daniel Cervantes and Benjamin Bain-Creed of the U.S. Attorney's Office in Charlotte handled the prosecution and forfeiture proceedings in this case, respectively.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.