Constant pleads guilty to federal child exploitation charges, sentencing set for May

February 13, 2025 | 12:09 am

Updated February 13, 2025 | 12:45 am

Matthew Constant appears at a court hearing on August 9, 2023. | Photo by Josh Kelly

Matthew D. Constant, 53, has pleaded guilty to multiple federal charges related to the sexual exploitation of children and will remain in custody until sentencing in May, according to court records obtained Wednesday by Owensboro Times.

A federal grand jury in Bowling Green indicted Constant, former superintendent at Owensboro Public Schools, on August 14, 2024, on two counts of online enticement of a minor, three counts of receipt of child pornography, two counts of sexual exploitation of a minor, and two counts of transferring obscene material to a minor. Constant was arrested and ordered detained following his initial court appearance on August 19, 2024.

The indictment details criminal conduct spanning 2019-2023 and involving three separate minor victims (referred to as John Doe 1, 2, and 3). According to court documents, details of those charges include:

  • Online enticement of a minor (counts 1 and 6) – Alleged incidents occurred in 2019 and 2021, involving two separate minors, when Constant is accused of using the internet to persuade, induce, entice, and coerce minors into engaging in sexual activity.
  • Receipt of child pornography (counts 2, 3, and 4) – Alleged incidents occurred in December 2019, when Constant is accused of receiving child pornography via the internet.
  • Transfer of obscene material to a minor (counts 5 and 8) – Alleged incidents occurred between December 2019 and May 2021, when Constant is accused of transferring obscene material to minors who he knew were under the age of 16.
  • Sexual exploitation of a minor (counts 7 and 9) – Alleged incidents occurred in 2021 and 2023, when Constant is accused of using the internet to persuade, induce, entice, and coerce two separate minors into engaging in sexually explicit conduct for the purpose and transmitting visual depictions of the acts.

Constant appeared in U.S. District Court for the Western District of Kentucky on February 11, 2025, where he withdrew his previous not guilty plea and entered a guilty plea to all nine counts in his indictment, according to court records.

Constant, who was represented by Owensboro attorney Bryce L. Caldwell, did not enter a plea agreement, documents show. Caldwell could not be immediately reached for comment.

Judge Greg N. Stivers accepted Constant’s guilty plea after determining it was made knowingly and voluntarily with legal counsel. Assistant U.S. Attorney Leigh Ann Dycus is prosecuting the case.

Constant’s sentencing is scheduled for May 7 at 11 a.m. at the U.S. Courthouse in Owensboro, according to court documents.

As part of the sentencing process, a presentence investigation report will be prepared by the U.S. Probation Office and provided to both parties at least 35 days before sentencing. Attorneys will have 14 days to submit objections, and any remaining disputes will be addressed before the hearing. Both sides must also disclose whether they intend to call witnesses or seek a sentence outside federal guidelines, according to court documents. 

Constant remains in the custody of the U.S. Marshals Service pending sentencing.

In October 2023, Constant was indicted by a Daviess County Grand Jury on one count of the Class D felony of tampering with physical evidence. 

Constant was initially arrested on July 27, 2023, by Kentucky State Police and charged with two Class D felonies: procuring or promoting the use of a minor (12 years old or older), and tampering with physical evidence. A previous release from KSP said the investigation had spanned into other states and that additional charges were likely.

Constant was arraigned in District Court on August 2, 2023. The initial bond for Constant was set at $35,000 full cash, and Daniel Boling — who is the Hancock County District Court Judge — was assigned as a Special Judge to the case. On August 9, Boling reduced the bond to a partially secured $35,000 bond, meaning Constant only had to pay $3,500 to be released from jail. 

Constant posted bond on August 9, 2023, but was not released until August 16 due to issues with the ankle monitor company, officials previously said. Stipulations of his release included wearing an ankle monitor (which had to be placed before leaving DCDC); remaining at a designated residence except for a medical emergency or court orders; no contact with minors; and no use of any electronics, including a computer or a cell phone.

Constant was eventually arrested again following his federal indictment in August 2024.

KSP Public Affairs Officer Corey King previously said they began an initial investigation into Constant in May 2023 based on an allegation by a third party. King said the complainant alleged that Constant was involved in a relationship with an underage minor. 

Speaking on July 28, 2023, King said the other party involved in the alleged relationship had not been very cooperative so trying to establish that person’s age “has been somewhat difficult,” adding “it appears that the relationship was with an 18-year-old, but we have not established when the relationship began.” However, King said during the course of that investigation other things had “come to light.” 

According to the citation made available July 28, Constant “admitted to tampering with physical evidence during an interview, and attempted to procure and solicit sexual acts from minors, having full knowledge he was speaking with juvenile children.” It said Constant “used multiple accounts from electronic devices to execute these acts.”

King previously said it appeared Constant “had master cleared his mobile devices, essentially erasing everything. So we’re working to restore everything we can, which is time-consuming. Pair that with social media apps, the various platforms, to get records they have, it just takes time.”

King said that’s why it took two months before an arrest was made.  

Then-OPS Board of Education Chair Dr. Jeremy Luckett and then-Vice Chair Leigh Rhoads Doyal were made aware of a KSP investigation into Constant on May 22, 2023, but they did not know many details, according to OPS Public Information Officer Jared Revlett.

On May 25, 2023, KSP informed the board the investigation had ramped up. The board suspended Constant with pay that day, though they still didn’t know the full nature of the investigation and whether they would ultimately be criminal charges.

On June 22, the OPS board voted unanimously to suspend Constant without pay and begin the proceedings to terminate his contract “for conduct unbecoming of a superintendent.” While criminal charges had still not been filed at that time, the board said they had been informed by police that Constant “did engage in a relationship with an adult-aged student enrolled in another school district.”

Revlett said the board later was made aware that KSP was pursuing criminal charges. 

While the board began the termination process, Constant actually retired and terminated his employment a week later.

In October 2023, Constant was indicted by a Daviess County Grand Jury on one count of the Class D felony of tampering with physical evidence. 

Due to state law, an open investigation, and the nature of closed grand jury proceedings, then- Commonwealth’s Attorney Bruce Kuegel could not comment on Constant’s other initial charge of procuring or promoting the use of a minor (12 years old or older). Kuegel could not confirm or deny whether that charge was even presented to the grand jury to give them an opportunity to return an indictment. Kuegel similarly said he could comment on any aspect of the case beyond the facts about charges and court proceedings.

There has been little development in the case in Daviess Circuit Court.

February 13, 2025 | 12:09 am

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