Oskaloosa.com

CNHI/Southeast Iowa

July 12, 2013

Underage sex video case in court

(Continued)

KNOXVILLE —

"Please consider this defendant's youth," she closed. Smith also had the opportunity to address the court. 

He told Hefner that he thinks about his crime every day, and recognizes how it will affect his victim for the rest of her life. He intends to complete sex offender treatment, is apologetic for the harm he's caused. Smith closed by saying he believes he can do better with his life, if given the opportunity. 

Hefner, who had reviewed the PSI, made note of the fact that Smith has younger sisters. Hefner asked Smith how he would feel if someone had done to one of Smith's sisters, what Smith did to his victim.

"I would not be very happy at all," Smith replied. 

Hefner said he considered all of the factors Bull and Bowman had mentioned, as well as the PSI. He also considers the goals of criminal sentencing overall, which are to protect the public, deter others from repeating such acts and offering a chance for a defendant to rehabilitate. 

"When this occurred, you were adrift," Hefner said to Smith. "I am concerned by the assessment that you are moderate to high risk to reoffend." Hefner said he felt that a suspended sentence or deferred judgement were not appropriate in this case. 

"The county attorney is absolutely correct," Hefner said. "These do constitute two separate offenses." 

Hefner sentenced Smith to 10 years in prison, per count. The sentences will run concurrently, which means Smith could be in prison for up to 10 years, not 20. Smith was fined $1,000 per count plus a 35 percent surcharge, which were suspended due to his impending incarceration. Court costs and attorney fees were also assessed to Smith. He will receive credit for time already served. 

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