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State v. Mr. B (DMC No. 13767)

(4 Counts) Felony Luring a Minor for Sexual Exploitation (Dangerous Crimes Against Children), (3 Counts) Felony Sexual Exploitation of a Minor) (DCAC) & (4 Counts) Felony Furnishing Harmful or Obscene Materials to a Minor Reduced to 4 Amended Counts with 10 Years in Prison – State v. Mr. B (DMC No. 13767) (Santa Cruz Superior Court CR-15-136):

Mr. B was a teacher at an elementary school in which he had an 8thgrade female student.  The student began receiving threatening texts from other students who were cyber-bullying her.  This resulted in the police becoming involved and analyzing her phone.  During their investigation, they found text messages which were inappropriate between Mr. B and the victim.  There were also nude photographs which had been exchanged.

A search warrant was executed on Mr. B’s phone and at his house the next day.  He was interviewed and admitted to exchanging nude photographs with the victim. He immediately submitted his resignation and surrendered to law enforcement.  Because the victim was 13 years of age, and he was 27 years of age and in a position of authority (i.e. her teacher), he was charged with 11 felonies, which could have resulted in him spending the rest of his life in prison. After conducting a Psycho-Sexual Risk Evaluation which showed him to be an alcoholic, (in which he was drunk when he participated this crime), we were able to show that he was a low risk to re-offend if sober.  An offer was obtained which allowed the judge to sentence him as high as 12 years, but instead he was sentenced to only 10 years.  Because the charges were reduced, he has the chance to only do 8.5 years of that time if he behaves well in prison.  When he gets out, he will still have another 50 plus years of his life ahead of him as a free man.

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