A federal jury in Charlotte has convicted Rusty Joseph Whittaker, 44, of Austin, Texas, for traveling to North Carolina to engage in sexual activity with a minor. The jury also found Whittaker guilty of enticing a minor and producing child pornography. U.S. District Judge John A. Gibney, Jr., presided over the four-day trial.
The announcement was made by Russ Ferguson, U.S. Attorney for the Western District of North Carolina. He was joined by James C. Barnacle, Jr., Special Agent in Charge of the FBI in North Carolina, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department (CMPD).
“Nothing is more important than the safety of our children,” said U.S. Attorney Ferguson. “and we will do whatever it takes to protect them. Thanks to the exceptional work of the FBI, CMPD, and the federal prosecutors in this office, this predator was identified, found, and brought to justice, and we will continue that effort.”
James C. Barnacle Jr., Special Agent in Charge at FBI Charlotte, stated: “An adult who takes advantage of a child for sexual gratification is vile, loathsome, and abominable. We must protect our children and warn them of the dangers of communicating online and meeting someone in person. We hope the victim can receive the care needed to recover and highlight the importance of the FBI Victims Assistance Specialist who can help.”
According to court documents and testimony presented during trial, Whittaker met his victim on Antiland—an online platform that allows users anonymity and deletes messages automatically—and then continued communications on Snapchat under similar conditions. Using these platforms as well as online payment systems and other means, Whittaker solicited sexually explicit images from the victim while pressuring her to meet him in person.
Evidence showed that on May 20, 2023, while attending a conference in Nashville, Whittaker traveled to Charlotte with intent to commit illicit sexual acts with the minor. He waited until her father fell asleep before picking her up from home late at night; he then took her to a hotel where they engaged in sexual activity. Afterwards he provided her things of value before returning her near her home where she had to walk back barefoot.
Whittaker remains detained by U.S. Marshals Service pending sentencing. Federal law mandates a minimum sentence of 15 years imprisonment for these offenses; however, he could face up to life without parole depending on advisory guidelines and statutory factors considered by the court after completion of a presentence investigation.
U.S. Attorney Ferguson expressed gratitude toward both FBI investigators and CMPD for their assistance with this case.
Assistant U.S. Attorney Daniel Cervantes is prosecuting.
This prosecution falls under Project Safe Childhood—a nationwide Department of Justice initiative launched in May 2006 designed to address child exploitation via digital means through coordinated efforts between federal agencies such as https://www.justice.gov/psc.
