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UPDATE: USHL Hockey Players Charged With Child Porn and Sex Feloneis

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Clay County District Court says there are numerous pieces of evidence against two junior hockey players accused of having sex with a 15-year-old and taking videos. That evidence includes pictures shown to investigators. Thomas Carey of Moorhead and Brandon Smith of California, both 19-year-olds who played for the Lincoln Stars, are now charged with three felonies.  Those include use of a minor in sexual performance, dissemination or pornographic work and possession of child pornography. The alleged acts happened on February 14, 2014.

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Clay County attorneys have taken their time filing charges in this child pornography and sex case, making sure they had all the details.

Clay County Chief Assistant, Pam Harris, says, “There were a number of witnesses. There was other evidence that needed to be collected.

In fact, it was a whole hockey team of witnesses. Thomas Carey of Moorhead and Brandon Smith of California are former Lincoln Stars hockey players. They're accused of having sex with a 15-year-old, taking video of it and sharing it with others.

Harris says, “Anyone under 18 constitutes as child pornography.”

Court documents show Carey and the girl met on Facebook the week of the alleged acts and decided to meet at the Days Inn in Moorhead, which was the hotel the hockey team was staying at after playing the Fargo Force. The girl brought a friend to the hotel, who according to the investigation, did not appear to have any involvement with the alleged acts. Records show both Carey and Smith acknowledged having sex with the girl while the other watched and recorded it. Carey told detectives that the girl said it was okay to videotape her having sex with them. The mother of the girl later contacted police after learning that those recordings were possibly shared with other Moorhead High School students.

Harris says, “We have pictures, we have video that we would intend to use at trial.”

The Lincoln Stars have since suspended Carey and Smith indefinitely due to USHL Code of Conduct violations. The two are expected to appear in court July 10.

Use of a minor is a sexual performance is a felony offense with a maximum sentence of up to ten years and/or a $20,000 fine. Dissemination of pornographic work is a felony offense with a maximum sentence of up to seven years and/or a $10,000 fine. Possession of child pornography is a felony offense with a maximum sentence of up to five years in prison and/or a $5,000 or both.

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