LUBBOCK, Texas (KCBD) - A Lubbock man who faced up to 10 years and a $250,000 fine for attempting to send obscene material to a minor, has been sentenced to 27 months. He has also been sentenced to three years of supervised release.
Fausto Montes Jr., a 39-year-old Lubbock man, was arrested on Tuesday, Aug. 27, 2019 and charged with one count of online solicitation of a minor.
Federal court documents say Fausto Montes admits and agrees that on or about August 22, 2019, he knowingly attempted to transfer to another individual who had not attained the age of 16, obscene matter. Montes texted a photo of an adult male engaged in “lascivious exhibition of the genitals and pubic area” to a person defendant knew and believed to be a minor female.
On August 20, Montes contacted “Sorena” through a messaging app called MeetMe. “Sorena” was the undercover identity of a Lubbock Police Department officer conducting an internet crimes against children undercover investigation.
Montes and Sorena discussed her age, 15 years old, and Montes said that being 15 did not deter him but asked: “but your friends, the law, your folks? Not sure how all that works. Lol.”
Over the next two days, the conversation moved from the MeetMe app to text messaging and progressed from flirty to sexual in nature. Montes tried several times to meet Sorena for sex until he was arrested on August 25, 2019.
Throughout the two days of messaging, Montes and Sorena discussed her being 15 and that he was her “secret.” They discussed sexual activity and he told her that he could not use condoms due to a medical condition. He told her he was looking for a place they could rent and live together.
Montes arranged to pick up Sorena after school. When she did not show up, he waited for an hour and a half and sent multiple messages trying to get her to meet him. When he thought she was upset with him on Aug. 22, he sent her a picture of himself “lasciviously exposing his penis and pubic area.” After sending her a picture, he asked her to send him a picture of her genitalia.
At one point, Montes texted Sorena, “why do you think young is a problem? I like young, I only like young.”
On October 23, the federal court accepted his guilty plea to attempted transfer of obscene material to a minor.
During his three years of supervision, he is not allowed to have unsupervised contact with anyone under the age of 18, and he is not allowed to loiter near places where children may frequently congregate. He is also not allowed to work where people under the age of 18 congregate or befriend anyone who has children under the age of 18, without prior permission of the probation officer.
He is also not allowed to have access to or use a computer or internet connection device or possess any gaming device without the permission of the probation officer. He will also have to participate in sex offender treatment services.