Frahm faces possible 13-year sentence

David Matthew Frahm, a former local high school teacher, has pleaded guilty to charges involving child pornography and faces a possible 13-year sentence.

Last Tuesday, Frahm appeared before District Court for the NMI Chief Judge Ramona V. Manglona for a change of plea hearing.

During the hearing, Frahm pleaded guilty to counts two and three of the superseding indictment filed by the United States Government specifically; possession of child pornography and engaging in illicit sexual conduct in foreign places.

According to Frahm’s plea agreement, the possession of child pornography charge—which is a class C felony—carries a maximum term of imprisonment of 10 years while the engaging in illicit sexual conduct in foreign places charge—a class B felony—carries a maximum term of imprisonment of 30 years.

During the hearing, the victim’s mother appeared and addressed the court and the defendant.

Manglona, for her part, found Frahm fully competent to enter a knowing and voluntary plea and accepted his plea of guilty.

The court has since vacated the jury trial and, upon the request of both parties, has set Frahm’s sentencing for Nov. 6, at 1:30pm.

Following the hearing, Frahm was remanded back to the U.S. Marshal Service’s custody.

Pursuant to Frahm’s plea agreement, if the court accepts the agreement, the defendant will be sentenced to a term of imprisonment of 156 months or about 13 years.

In addition, the court may impose a fine not to exceed $250,000, and that a mandatory $100 special assessment applies to each count.

Also, unless the court finds the defendant to be indigent, an additional mandatory special assessment of $5,000 will be imposed pursuant to the Justice for Victims Trafficking Act of 2015.

The court may also order an additional special assessment of up to $17,000 and deprive Frahm of certain rights, such as the right to vote or the right to public assistance.

Frahm, upon his release from prison, will be placed under supervised release to be determined by the court (anywhere between a minimum of five years and a life term).

Also, Frahm will be required to register as a sex offender for 15 years if the court determines him a Tier I sex offender, or 25 years if the court determines he is a Tier II sex offender.

Depending on how many years he will be required to register as a sex offender, Frahm is mandated to keep his registration current in each jurisdiction he resides in, is an employee in, or is a student of.

Frahm shall also register in the jurisdiction in which the conviction occurred, if different from the jurisdiction of residence.

Defendant is required to provide proof of registration to the Probation Officer within three days of his release from prison.

Also, the plea agreement details that Frahm will be subject to restrictions such as contact with minors, approval of employment, search of property, and use of electronics and usernames.

According to the factual basis and statement of facts of the plea agreement, regarding count two, on or about March 27, 2019, in the District of the Northern Mariana Islands, Frahm knowingly possessed a laptop/computer which contained a visual depiction of a minor engaged in sexually explicit conduct.

“Defendant did so, knowing the computer contained a visual depiction of a minor engaged in sexually explicit conduct, specifically, a picture of a lascivious exhibition of the anus, genitals, and pubic area of a minor. The visual depiction was transported through a means or facility of interstate and foreign commerce, specifically, by using the laptop computer to transport the digital file in interstate commerce, from Ukraine, where the visual depiction was created, to the District of the Northern Mariana Islands,” the plea agreement stated.

As for count three, on February 2024, Frahm was residing in a foreign country, specifically, in Malaysia, where he knowingly and intentionally produced a visual depiction by video of an 11-year-old child that was a lascivious exhibition of the child’s pubic area, specifically, by surreptitiously video recording the child after taking a shower.

“Defendant used his mobile device that was capable of connecting to the internet, and which was an instrumentality that was transported in foreign commerce, specifically, an Android cellular telephone that was not manufactured in the country of Malaysia. This statement of facts is made for the limited purpose of supporting defendant’s guilty plea. It therefore does not contain all facts relating to the underlying criminal conduct,” the plea agreement stated.