COEUR D'ALENE — A Washington man accused of soliciting a minor for sexual activity was federally indicted in July on four counts related to child exploitation and pornography offenses, according to the Shoshone County Prosecutor's Office. 

Howard E. Penney, 55, of Spokane, was indicted on charges of attempted coercion and enticement of a minor, interstate travel with intent to engage in a sexual act with a minor, transportation of child pornography and possession of child pornography. 

Penney initially was charged in state court. Four days after the federal indictment was filed, the Shoshone County Prosecutor's Office dismissed the state charges. 

According to Shoshone County Deputy Prosecutor Britney Jacobs, federal prosecutors determined the case was appropriate for federal prosecution because Penney allegedly crossed state lines and because of the resources available to federal investigators. 

Jason Densley, a public information officer with the U.S. Attorney's Office, echoed that reasoning. 

"The United States Attorney's Office works closely with our local law enforcement partners throughout the state," he said. "In this case, one of the primary factors in our office taking the matter federally is that the defendant traveled across state lines, as reflected in Counts Two and Three of the indictment." 

"They are better equipped to conduct large electronic search warrants," Jacobs said. 

The July indictment also includes a special allegation that Penney was required to register as a sex offender at the time of the alleged offenses. 

If convicted, Penney faces substantial federal penalties. The attempted coercion and enticement charge carries a mandatory minimum sentence of 10 years and a maximum sentence of life in prison. The interstate travel charge carries a maximum penalty of 30 years in prison. The indictment also alleges Penney was required to register as a sex offender at the time of the offenses, an allegation that could result in an additional consecutive 10-year prison sentence if proven. 

Prosecutors allege Penney used the internet and telephone between Feb. 25 and June 13, 2026, to attempt to persuade, induce, entice and coerce a person he believed was a minor to engage in unlawful sexual activity. 

Federal prosecutors further allege Penney traveled from Washington to Idaho on June 13 intending to engage in illicit sexual conduct with a person he believed was a minor. 

The indictment alleges Penney transported a cellphone containing child pornography from Washington into Idaho and later knowingly possessed the device in Idaho. Prosecutors are also seeking forfeiture of the phone and any assets connected to the alleged offenses. 

Penney was taken into custody in June after the Shoshone County Sheriff's Office received a tip from Predator Poachers, a civilian group that poses as minors online to identify and confront adults seeking sexual contact with children, often recording and posting the encounters. 

According to police documents, the group used a child, referred to in reports as a "live decoy," during a recorded interaction with Penney. After the child used a previously discussed code word, Predator Poachers founder Alex Rosen confronted Penney. 

According to investigators, Penney allegedly admitted during the encounter that he had child pornography on his cellphone and had previously sent hundreds of files containing child pornography from his home computer. 

Shoshone County Sheriff's Deputy Eric Green reviewed the recording and took Penney into custody. Police reports state Penney was cooperative during the investigation, showing deputies the locations of files on his phone and providing the device's security code. 

When asked why he was in Wallace, Penney told investigators he believed he was meeting a 13-year-old boy from Nevada who was vacationing in the area. According to the probable cause affidavit, Penney said he hoped to convince the child to send him pornographic photographs in the future. 

The affidavit also alleges Penney acknowledged he knew his actions were wrong and stated there was "too much child porn" on his home computer, adding, "I think this is the last time I'm going to see the light of day." 

According to Shoshone County Sheriff Shawn Wehr, custody of Penney was transferred to Kootenai County Jail by the U.S. Marshals Service.