A Hickory, North Carolina man was sentenced to 50 years in federal prison for producing and transporting child sexual abuse material. Kelly Lee Setzer, age 64, received the sentence after pleading guilty to multiple counts including production, transportation, possession, and access with intent to distribute child pornography. The sentencing was announced by Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
Setzer will also be required to serve a lifetime of supervised release and register as a sex offender upon his release from prison. In addition, he was ordered to pay $84,000 in restitution and forfeit his primary residence in Hickory where the crimes occurred.
“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.”
James C. Barnacle, Jr., Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, commented on the impact of Setzer’s 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.”
According to court documents and statements at sentencing, law enforcement executed a search warrant at Setzer’s home on November 3, 2023 due to suspected involvement with child sexual abuse material (CSAM). Officers seized two computers and other electronic devices that contained evidence showing Setzer had sexually abused a prepubescent child on at least four occasions while creating video recordings of these acts.
The investigation revealed that Setzer possessed over 48,000 videos and images depicting children being sexually abused—some victims were infants or toddlers—and that he had solicited CSAM from an online relationship with a minor.
U.S. District Judge Kenneth D. Bell addressed the severity during sentencing: “we are talking about babies here and horrendous torture of babies.”
Setzer remains in custody pending placement by the Federal Bureau of Prisons.
The case was investigated by both the FBI Charlotte Division and Hickory Police Department. Assistant U.S. Attorneys Daniel Cervantes and Benjamin Bain-Creed prosecuted the case.
This prosecution falls under Project Safe Childhood—a national initiative launched by the Department of Justice in May 2006—to combat child sexual exploitation through collaboration among federal, state, and local agencies focused on investigating those who exploit children online as well as identifying victims. More information about Project Safe Childhood can be found at https://www.justice.gov/psc.
