Judge upholds sex offender’s sentence in online child exploitation case

Curry serving 16.5 to 56 years for online sexual exploitation of girl

A prison sentence of 16.5 to 56 years imposed on an Idaho man who pleaded to 11 counts of online sexual exploitation of a Hollidaysburg-area child is not excessive, according to a ruling handed down Tuesday by the Pennsylvania Superior Court.

The sentence was imposed last year by Blair County President Judge Wade A. Kagarise, who accepted the pleas from Rick Andrew Curry, 48, of Post Falls, Idaho.

Curry is presently incarcerated in the State Correctional Institution at Smithfield in Huntingdon County.

He was arrested in 2023 after establishing communications over Snapchat with a 12-year-old girl.

The Superior Court opinion issued Tuesday indicated Curry knew the girl was a minor, and according to the charges, he contacted her six times and "commanded, encouraged or requested her to produce child sexual abuse material in the form of sexually explicit photographs."

In return, he sent pictures of himself to his young victim.

He was scheduled for trial last August, but on the morning the trial was to begin, he entered his guilty pleas to felony counts of communications with a minor - sexual abuse; disseminating explicit sexual material to minors; criminal solicitation of child pornography on a computer; knowingly depicting child pornography on a computer; and corruption of minors.

Kagarise sentenced Curry to a prison term of 200 to 672 months, to be followed by three years of re-entry probation.

However, Curry, through Blair County attorney Tyler A. Rowles, filed an appeal before the Superior Court, contending that Kagarise's sentence was excessive.

The defense argued that the judge ran the sentences consecutively, rather than concurrently, and that each sentence was at or near the maximum recommended by the state's sentencing guidelines.

And, the defense argument continued, the judge failed to consider mitigating circumstances presented by Curry.

Curry had a prior record of child abuse, but that incident occurred in 2007, many years prior to the incident with the Blair County victim, he noted.

He also emphasized he accepted responsibility for his actions and argued his pleas "spared the victim and her family from having to testify."

The defense also argued that the fact Curry was employed represented a mitigating circumstance the court did not consider.

The Superior Court panel reviewing Curry's appeal, including judges Megan Sullivan, Brandon P. Neuman and Correale F. Stevens, concluded that Curry's claim of an excessive sentence combined with the alleged lack of consideration for the defense's alleged mitigating circumstances made the case ripe for review.

In the opinion, written by Sullivan, the appeals court stated, "After careful review, we determine the trial court (Kagarise) did not abuse its discretion by sentencing Curry consecutively."

While the defense argued the punishment in this case does not fit the crimes," the Superior Court concluded, "The trial court carefully considered Curry's guilty plea, acceptance of responsibility, and family support, reviewed the (presentence investigation) and expressly discussed mitigating factors.

"The court weighed those considerations against the seriousness of technology-facilitated sexual abuse, the victim's vulnerability, the substantial impact on the victim and her family, and the need for punishment and deterrence."

The appeals court concluded, "Speculation that the court weighing mitigating facts less heavily than Curry desired is not a circumstance where the application of guidelines would be clearly unreasonable and warrants vacating his sentence."

Curry's sentence last August was emotional, the child's mother relating her daughter lived in fear of Curry for months until one of her friends notified police.

Assistant District Attorney Nicholas Mays made the point that the 2,000 miles between Blair County and Post Falls, Idaho, "was not enough to protect the children of our community from him."

Kagarise emphasized Curry had done the same thing in the past.

"Punishment is meant to be a deterrent for the future, but you did it again. That changes the sentence you get from me today," the judge stated.