SANDPOINT — Probation was denied Thursday for a former Bonner County man who pleaded to molesting a 12-year-old girl in 2010.

First District Judge Barbara Buchanan ordered Vance Michael Atteberry to serve up to five years in prison due because his risk of re-offending was rated as “moderate to high,” by the Idaho Department of Correction.

Atteberry, 21, was originally charged with lewd and lascivious conduct, but the charge was later amended to aggravated assault in exchange for a plea. First District Judge Steve Verby ordered Atteberry to serve a two- to five-year term, but retained jurisdiction over the defendant, also known as a rider.

When jurisdiction is retained, a defendant serves up to a year in prison before a decision is made impose the underlying sentence or put them on probation.

Atteberry was initially released on probation, but he violated the terms of his supervised release by having images of nude women on his mobile phone and having a device that was capable of text messaging and accessing the Internet. He was also charged with burglary for stealing a pair of shoes and attempting to return them for cash in Coeur d’Alene.

Verby revoked Atteberry’s probation and ordered him to serve a second rider, which produced a mixed result. Although Atteberry steered clear of disciplinary problems, IDOC officials said that he was not entirely engaged with sex offender treatment.

The department recommended that Buchanan relinquish jurisdiction of Atteberry and order further imprisonment. Buchanan adopted the recommendation due to his recidivism risk.

“I have to protect society and what you have to get is sex offender treatment,” she said. “I cannot put you on probation and let you back into the community.”

Atteberry was given credit for 465 days of incarceration he’s served in the case.