UPDATE: Pa. Sen. Folmer resigns day after being charged with possession of child pornography

One of three child pornography images found on the cell phone of state Sen. Michael Folmer depicted a “very young” girl performing oral sex on an adult man, investigators say.

That image and others agents of the state attorney general’s office claim were found on his private phone could send the senator to prison if he pleads guilty or is convicted of the charges he faces.

The most serious charge lodged against the Lebanon County Republican is a second-degree felony, possession of child pornography. That carries a maximum penalty of 10 years in prison and a $25,000 fine.

Folmer also is charged with a third-degree felony, criminal use of a communications facility, which allows for a maximum punishment of up to 7 years in prison and a $15,000 fine.

Actual sentences are imposed after judges consider factors including the person’s criminal record, or lack of same, remorse, and willingness to undergo counseling. In some cases, defendants who plead guilty in child porn cases have received probation sentences.

However, someone who is convicted of or pleads guilty to a possession of child porn charge is required by law to register with state police as a sex offender for 15 years.

According to arrest papers filed by Special Agent Gordon Goodrow, the AG’s investigation of the 63-year-old Folmer began in February after the National Center for Missing and Exploited Children received a report from the social media platform Tumblr that suspected child porn had been uploaded onto Folmer’s account on Dec. 28, 2017.

State and federal agencies both have computer investigative agencies that monitor the internet for child porn feeds and for those who download such files.

The next several months of the Folmer investigation involved the filing of subpoenas and the receipt of responses from providers including Yahoo, AT&T and Comcast.

Goodrow said that last month he and another agent staked out Folmer’s Lebanon home as part of the effort to tie him to the illegal download.

On Tuesday, agents armed with a search warrant raided Folmer’s home while other agents simultaneously confronted the senator at his Lebanon office. Folmer agreed to return home and surrender his iPhone, Goodrow said.

After being read his Miranda rights, Folmer agreed to speak with investigators without having an attorney present, Goodrow said. Folmer “stated that he had been dealing with some personal problems/issues and that he received child pornography through his Tumblr blog,” the agent wrote.

Two more child porn images were found during a search of Folmer’s phone, Goodrow said.

The senator remains free on $25,000 bail. A preliminary hearing on his case is scheduled for later this month before District Judge Thomas M. Capello.

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