An Oak Hill man is accused of taking video of himself have sex with an underage girl.  Brandon Andrew Johnson of Oak Hill was arrested on Monday, Aug. 15, 2016.  He is facing charges of Employment or Use of a Minor to Produce Obscene Matter and Distribution of Material Depicting a Minor Engaged in Sexually Explicit Conduct.

In 2015, Johnson apparently recorded video of himself and the victim having sex without her knowledge.  He then sent that video to other people in June 2016.  That was when it was brought to the attention of deputies in Fayette County.

“From what our investigators were able to determine during this investigation, the sexual act itself was not criminal in nature,” said Sheriff Steve Kessler.

Deputies said that is because the act was consensual.  It is not statutory rape, because there was not more than a four-year age difference between the suspect and the victim.

“In this day and age it is unfortunately, far too easy for someone to use a cell phone camera or other digital media to take nude photographs of someone or even create an amateur pornographic video,” added Kessler. “If this occurs between consenting adults in a private setting there is no violation of the law.  If one or more of the a participant is under age however, this is a serious crime.”

The incident is still under investigation by the Fayette County Sheriff’s Office.  Johnson is being held in the Southern Regional Jail on a $15,000 bond.