Prosecuting Attorney Kelden Waltjen announced that a Kona grand jury indicted 20 year-old Elgin Marcos of Pepeʻekeo in relation to a November 21, 2021 incident involving a minor.

As the Indictment alleges, Marcos is charged with 3 counts including Promoting Child Abuse in the First Degree (produce or participate in the preparation of child pornography), Promoting Child Abuse in the Second Degree (disseminate child pornography), and Violation of Privacy in the First Degree (disclose and/or threaten to disclose an image and/or video of another person in the nude and/or engaging in sexual conduct, without the person’s consent with intent to harm the person’s health, safety, business, calling, career, education, financial condition, reputation, personal relationships, and/or as an act of revenge and/or retribution). The most serious offense, Promoting Child Abuse in the First Degree, is a class A felony offense and carries a maximum penalty of 20 years in prison.

Lat month, Marcos was originally arrested and charged via Complaint in Kona District Court with a single count each of Promoting Child Abuse in the First Degree and Violation of Privacy in the First Degree.  During his initial appearance,  Marcos’ bail was reduced over Prosecutors’ objections and he later posted $10,000.00 bail. Prosecutors’ elected to proceed via grand jury indictment including the addition of a third criminal charge and secured the issuance of the $50,000.00 bench warrant.

The lead investigator was Officer Jeremiah Hull, Area II Juvenile Aid Section, Hawai’i Police Department. The case is being prosecuted by Deputy Prosecuting Attorney Kate Perazich. The charges are merely allegations, and the Defendant is presumed innocent unless and until proven guilty.

Photo credit: Hawaiʻi County Prosecutor’s Office