Dustin James Gilleo, 32, made his initial appearance before Richland County Court Monday, Jan. 7.
The Wahpeton man is charged with one count of promoting a sexual performance by a minor. Gilleo is also charged with one count each of corruption or solicitation of a minor, sexual assault and luring minors by computer or other electronic means.
The promoting charge is a class B felony-level. The additional charges are class C felony-level.
Through an investigation conducted by the Wahpeton Police Department, Gilleo is accused of knowingly producing, directing or promoting a performance which included sexual conduct by a minor at the time of the performance.
Gilleo allegedly knew the character and content of the performance, which occurred between December 2018 and early January 2019.
During that time, a 16-year-old female was reported as a missing juvenile runaway from the state of South Carolina.
“Her phone was tracked to the Minneapolis airport and surveillance showed the defendant and others pick her up from the airport,” court documents state. “Officers went to the defendant’s residence and located (her).”
Gilleo allegedly communicated with the female through text messages and other messaging applications, according to the investigation. The pair exchanged pictures, videos and communications of a sexual nature, with Gilleo allegedly knowing she was age 16.
Corruption or solicitation of a minor, in this situation, is defined as a defendant age 22 or older soliciting with the intent to engage in a sexual act with a minor age 15 or older.
The juvenile female allegedly traveled to Minneapolis to be picked up by Gilleo, court documents continue. They allegedly had sexual intercourse at an apartment in south Wahpeton.
Sexual assault, in this situation, is defined as an adult knowingly having sex with a minor who is age 15 or older.
Luring minors, in this situation, is defined as an adult knowingly having a communication with implicit or explicit discussion or depiction including actual or simulated nudity, sexual acts or sexual contact though the use of a computer or other electronic means.
Richland County Assistant State’s Attorney Casey Moen represents the state of North Dakota. Attorney Don Krassin represents Gilleo. Judge Bradley Cruff presides.
Bail was set at a bond of $5,000 cash or surety. The state’s attorney’s office had asked for it to be set at $10,000 in cash.
“Additionally, (Gilleo) is to have no contact with the victim,” Moen said. “He is not to leave the states of North Dakota or Minnesota, have any use of the internet or have contact with any persons under 18 years of age except his children.”
The maximum penalty for a class B felony is 10 years imprisonment, a $20,000 fine, or both.
The maximum penalty for a class C felony is five years imprisonment, a $10,000 fine, or both.
Luring minors by computer or other electronic means carries a penalty of at least one year’s imprisonment, Moen continued.
A conviction of any of the four charges would result in Gilleo’s mandatory registration as a sex offender, court documents state.
A preliminary hearing has not yet been scheduled.
Gilleo is currently confined in the Richland County Jail.