On February 13, Nicholas P. Timmonds, 33, of Birdsboro, Pennsylvania, was arrested after allegedly attempting to pay for sex with a 17-year-old girl and a 14-year-old girl. As a result, Timmonds faces charges of two counts of unlawful contact with a minor and one count each of trafficking in individuals, criminal attempt to corrupt minors, and criminal attempt to commit statutory sexual assault.
Timmonds’ arrest stems from an undercover sting conducted by the Berks County Human Trafficking Task Force with assistance from Homeland Security Investigations. During the operation, detectives report they posted ads on websites commonly associated with promoting the sex trade.
According to investigators, Timmonds allegedly responded to an ad and reportedly began communicating with an undercover agent who he believed to be a 17-year-old girl. Timmonds continued communicating with the purported 17-year-old girl for over two months. He allegedly negotiated a price in an attempt to purchase sex from a 17-year-old girl and another 14-year-old girl.
Timmonds then allegedly drove to an apartment complex in Wyomissing, Pennsylvania, where he believed he was going to meet up with the minors. Instead, authorities were waiting at the location to arrest him. After being arrested, Timmonds reportedly admitted to sending explicit photos to the undercover agent.
Under Pennsylvania law, an individual is guilty of trafficking if they recruit, entice, solicit, patronize, harbor, transport, provide, obtain, advertise, or maintain another person for a commercial sex act. To be guilty of sex trafficking of a child, the prosecution must only prove that the defendants engaged in recruiting, enticing, soliciting, patronizing, advertising, harboring, transporting, providing, obtaining, or maintaining a minor who is or will be subject to sexual servitude.
Here, if the facts alleged are true, Timmonds’ agreement to meet the fictional children and pay to rape them constitute the acts of soliciting and patronizing, and as such satisfy the elements of sex trafficking under Pennsylvania law. Under both federal and state law, any commercial sexual exploitation of minors constitutes sex trafficking because children cannot consent to be bought or sold for sex.
As such, the CSE Institute would like to highlight the problematic retelling of this incident in the Reading Eagle. In an article, the Reading Eagle discusses Timmonds’ arrest following an “underage prostitution sting.” This is an incorrect and harmful choice of wording. Indeed, there is no such thing as “underage prostitution” and there is no such thing as a “child prostitute.” Because children cannot consent to be bought or sold for sex, any child sold for sex is a victim or survivor of child rape. We urge the media to consider this critical fact and be mindful not to normalize or promote the sexual abuse of children by referring to it as “underage prostitution.”
The CSE Institute commends the diligence of the Berks County District Attorney’s Office, Berks County Human Trafficking Force, Homeland Security Investigations, and the Wyomissing Police Department for their efforts in investigating and arresting Timmonds. Law enforcement must remain vigilant and dedicated to protecting the youth in their communities by conducting investigations that target child sexual abuse. We must persist in criminalizing human trafficking and the exploitation of young, vulnerable individuals, as doing so will significantly decrease the demand for commercial sex and reduce human trafficking as a whole.
We urge law enforcement to continue taking steps to protect their communities by conducting thorough investigations into suspected sex trafficking and encourage prosecutors statewide to utilize the human trafficking statutes when appropriate. By strengthening enforcement efforts and prioritizing the prosecution of these crimes, we can work toward dismantling trafficking networks and safeguarding vulnerable individuals from harm.
Bail was originally set for $75,000 but has now been decreased to $25,000. Timmonds posted bail, and is currently awaiting his formal arraignment, scheduled for April 2.
The CSE Institute will continue to provide updates as they become available.
All views expressed herein are personal to the author and do not necessarily reflect the views of the Villanova University Charles Widger School of Law or of Villanova University.