A 44-year-old Nicholas County man was accused this week in federal court of attempting to engage in sexual activity with a fictitious 13-year-old girl.
John Marshall Underwood Jr. was arrested Thursday and charged with the "attempted use of facility of interstate commerce to entice a minor to engage in commercial sex or criminal sexual activity."
Police received a tip in December about a man named John soliciting prostitutes so they could arrange for him to engage in sexual activity with minors, Charleston Police Detective Brandon Burton wrote in a criminal complaint. The informant later identified Underwood from a photo.
A police officer called Underwood on Dec. 14 and pretended to be a 32-year-old prostitute named Jenn, the criminal complaint states. She said she had custody of her two nieces, 16-year-old Emma and 13-year-old Abby.
Underwood and the undercover officer started out talking about his interest in younger girls, according to the charge against him. Underwood allegedly asked about the 13-year-old's sexual history.
Underwood continued for about a week talking on the phone and texting the undercover officer, according to Burton. Several times during their conversations, Underwood would ask for photographs of the girl, according to the charge against him.
The undercover officer sent Underwood a photo on Dec. 23, 2016 and told him it was her 13-year-old niece. The photo was actually of an undercover officer who was dressed to look like a teenager.
During several phone calls, Underwood allegedly asked if Jenn had talked with her youngest niece about meeting him. Underwood, police wrote, implied he would provide money or other items to Jenn and Abby in exchange for engaging in sexual activity with the 13-year-old. Underwood also allegedly asked the officer if she could find more girls in case he wanted to have sex with more than one girl. He allegedly also sent a picture of his penis to the undercover officer.
A preliminary hearing is set for Tuesday in front of U.S. Magistrate Judge Dwane Tinsley. Underwood is being held in the custody of U.S. Marshals in the South Central Regional Jail.