SIOUX FALLS – United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Winner, South Dakota, man and Winner, South Dakota woman for two counts of Sex Trafficking of a Child. Kucera was also indicted for two counts of Production of Child Pornography.
Richard Alan Kucera, age 65, and Ivy Rose Heron, age 36, were indicted in August of 2023. Kucera appeared before U.S. Magistrate Judge Mark A. Moreno on August 10, 2023 and Heron appearance before U.S. Magistrate Judge Mark A. Moreno on August 4, 2023. Both pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, life of supervised release, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges in counts 1 and 2 that between July 1, 2020 and July 1, 2021, and again between May 1, 2021, and July 31, 2021, Kucera and Heron, aiding and abetting each other, knowingly and intentionally recruited, enticed, harbored, transported, provided, obtained, advertised, maintained, patronized, and solicited, two juvenile females, and recklessly disregarded by means of force, threats of force, fraud, or coercion would be used to cause both juvenile females to engage in commercial sex acts. Both Kucera and Heron financially benefited by receiving something of value from participating in a venture engaged in such acts.
The Indictment also alleges in counts 3 and 4 that between November 1, 2020 and June 1, 2021, and again between May 1, 2021 and July 31, 2021, Kucera knowingly employed, used, persuaded, induced, enticed, and coerced the same two minor females to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct, knowing such visual depictions would be transported in interstate or foreign commerce and such depictions would be produced using materials that had been mailed, shipped, and transported in interstate and foreign commerce, including by computer.
The charges are merely accusations and Kucera and Heron are presumed innocent until and unless proven guilty.
The investigation is being conducted by the FBI. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims.
Kucera was released on bond pending trial. Heron was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for October 3, 2023.
