San Marcos man sentenced to 80 years for child pornography

Staff Reports

HAYS COUNTY — San Marcos resident Jose Nasipak, 26, was sentenced on Monday, August 17, to 80 years in prison for Possession with Intent to Promote Child Pornography. The sentence came down from 453rd Judicial District Judge Sherri Tibbe.

On June 18, 2021, a Hays County jury found Nasipak guilty of 28 counts of Possession with Intent to Promote Child Pornography, all second-degree felonies. After hearing additional evidence, Tibbe sentenced the defendant to the maximum 20 years in each count.

While pronouncing sentence, Judge Tibbe emphasized the child pornography’s heinous and deviant nature. She stated that while it may not be possible to find and help the hundreds of child victims depicted in the pornography, a lengthy sentence would serve to protect the community, deter like-minded offenders, and provide some measure of justice for the victims. Judge Tibbe elected to stack four of Nasipak’s sentences consecutively, meaning that the defendant was sentenced to a combined total of 80 years in prison.

Evidence at trial established that, in October of 2019, Hays County Sheriff’s Office detectives received a report from the National Center for Missing and Exploited Children (NCMEC) that Nasipak was using the internet to transfer child pornography.

After conducting an investigation, HCSO detectives executed a search warrant on Nasipak’s apartment and seized his cell phone. Nasipak confessed to searching for and downloading child pornography, as well as transferring child pornography to others in exchange for additional pornographic videos and images.

HSCO detectives executed additional search warrants on Nasipak’s cell phone and Dropbox account and discovered hundreds of files of child pornography, as well as evidence that Nasipak’s activity dated back to at least 2016.

The Hays County Criminal District Attorney, Wes Mau, complimented lead prosecutor Assistant Criminal District Attorney Ben Gillis, assisted at trial by ACDA Katie Arnold, along with the Hays County Sheriff’s Department Detectives Jennifer Baker and Nelson Wray for their work in bringing the case to a successful conclusion.

Mau said, “I share Judge Tibbe’s empathy for sexually exploited children. Child pornography legitimizes and normalizes behavior that cannot be tolerated.  Judge Tibbe’s sentence sends a strong warning to those who would seek out child pornography or otherwise victimize children.”