Richard Kowalczyk, the co-owner of popular gay nightclubs in Orlando and Tampa, was arrested on January 2, 2025, along with his domestic partner Eric Patrick on federal child pornography charges. They are accused of multiple felonies including the receipt, possession and distribution of child pornography. Any charges relating to child pornography are about as serious as it gets in the criminal justice system. Crimes like these are vigorously prosecuted, sentences are harsh, and those convicted can’t expect leniency from any quarter.
Federal law enforcement officials started investigating the pair in January 2023 after discovering a series of encrypted Telegram messages between Kowalczyk and someone who was already under a separate investigation. The messages contained graphic discussions about sexual encounters and fantasies involving minors.
Law enforcement seized Kowalczyk’s iPhone and executed a search warrant at the home he shared with his partner, Eric Patrick. During the search, they seized additional electronic devices that yielded more disturbing evidence, including sexual exploitation images and videos of minors under 12 years old. Investigators also uncovered conversations between Kowalczyk and Patrick discussing their desire to engage in sexual acts with minors, as well as plans for a trip to Key West in 2020 to find minors for sexual purposes.
Federal Child Pornography Charges
Charges against Kowalczyk and Patrick include:
- Conspiracy to Entice a Minor in violation of 18 U.S.C. § 2422
- Attempted Coercion and Enticement of a Minor to Engage in Sexual Activity in violation of 18 U.S.C. § 2422
- Possession, Distribution and Receipt of Child Pornography in violation of 18 U.S.C. § 2252
Conviction on these charges can result in prison sentences of a mandatory minimum of 15 years to life in prison, fines up to $250,000, forfeiture of any assets used or obtained in connection with the crime, and mandatory sex offender registration
The Role of an Orlando Criminal Defense Attorney
When facing child pornography charges, you need the best criminal defense you can get. If you are facing federal child pornography charges, it is crucial to mount an aggressive and comprehensive defense strategy. Given the severity of the penalties and the potential lifelong consequences, it is essential to consult an experienced and aggressive federal criminal defense attorney immediately.
Challenging the Legality of Investigation Methods
One aspect of the defense strategy may involve questioning the legality of the methods used by investigators to identify a suspect’s computer. In some cases, the tracking software law enforcement uses may raise concerns about privacy and Fourth Amendment rights. Defense attorneys may argue that the software performs an overly broad search, exceeding the limits of a search warrant or violating due process rights.
Forensic Computer Analysis
Another critical aspect of a strong defense against child pornography charges is the involvement of qualified forensic computer experts. These experts can thoroughly analyze digital evidence to uncover inconsistencies or insufficiencies in the prosecution’s case. They may be able to demonstrate that a defendant did not exercise control over the illicit images on their computer or that the defendant was unaware of the presence of such material.
Examination of Probable Cause and Due Process Violations
A skilled defense attorney will meticulously examine the circumstances of the investigation, focusing on issues of probable cause, illegal search and seizure, and due process violations. Unlawfully obtained evidence may be suppressed, weakening the prosecution’s case and potentially leading to a dismissal or reduction of charges.
With such serious criminal charges, it’s crucial to act quickly and secure experienced legal representation. The consequences of these charges are too severe to face alone. Call 407-449-7265 to speak with an Orlando criminal defense attorney at the Rivas Law Firm. Your future may depend on it.