Former sheriff face federal child porn charges

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A former Dakota County Sheriff who was arrested here last year faces more charges at the federal level for crimes involving child pornography.

James Wagner, 79, who served as Dakota County Sheriff from 1982 to 2010, now faces three federal charges relating to child pornography. He pled not guilty to them last week in an indictment filed last week in U.S. District Court in Lincoln. He is in U.S. Marshals custody pending a detention hearing this week.

Wagner was first arrested Oct. 30 in South Sioux City on 29 charges relating to an exchange of nude photos and messages with an underage girl sometime between Oct. 8-25. He was arrested by South Sioux City Police after the mother of a girl Wagner had been communicating with on Facebook turned over her daughter’s phone.

Wagner was initially charged with 25 counts of possessing or receiving child sexual abuse material, three counts of prohibited acts relating to child sex abuse material and one count of child abuse. He faces hundreds of years in prison if convicted on all 29 counts, which are felonies.

Court documents who that Wagner initially exchanged messages before he began asking for nude photos and videos. Several conversations, sexual in nature, took place between the two, and Wagner also sent photos and videos, including one that showed him masturbating. He later asked the girl to delete the conversations.

The investigation led to South Sioux City police setting up a meeting between Wagner and an undercover officer posing as the girl, and he was later apprehended.

The federal charges that were added last week include one count each of production of child pornography, receipt of child pornography and possession of child pornography.

Wagner, who had been free from Dakota County Jail since April 13 on 10 percent of a $250,000 bond, is now back in custody pending this week’s detention hearing.

Wagner was a seven-term sheriff in Dakota County before losing a 2010 primary election to Chris Kleinberg, who was serving in that capacity before retiring last December. Kleinberg was replaced by current Sheriff Tim Decker.