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Man given suspended sentence for Internet sex offense

Megan Strickland | Hagadone News Network | UPDATED 10 years, 1 month AGO
by Megan Strickland
| October 25, 2015 5:00 PM

A Kalispell man was handed an eight-year suspended sentence and $3,000 fine on Thursday for allegedly trying to obtain sex with an underage girl through a Craigslist ad.

Justin Allen Zeiss, 35, was arrested as part of a sex sting conducted by the Montana Internet Crimes Against Children Task Force that concluded in July 2014.

Zeiss answered a Craiglist ad for sex with an adult woman. The fictitious woman then asked if Zeiss would be interested in taking the virginity of her 12-year-old stepdaughter.

Zeiss allegedly replied that he would see the sex act as an honor and that “it’s worth doing right.”

Prosecutor Travis Ahner asked Flathead District Court Judge David Ortley to impose a 10-year suspended sentence. He said a psycho-sexual evaluation of Zeiss revealed he was not forthcoming with a mental health professional and had a low desire for treatment.

“He doesn’t see anything wrong with himself,” Ahner said.

But defense attorney Greg Rapkoch said Zeiss was baited into the situation by law enforcement and argued for a deferred sentence.

“I think we should be a little bit critical of how hard the government pushed,” Rapkoch said.

Rapkoch said Zeiss had offered alternatives to sleeping with the girl.

“In these situations weighing culpability is more difficult than most,” Rapkoch said. “Mr. Zeiss was not chomping at the bit to engage in sexual actions, he was offering alternatives.”

While Ortley said he did not believe Zeiss was a predator or violent offender, he did find some aspects of the results of Zeiss’s mental health evaluation concerning.

“Mr. Zeiss routinely presents himself in a self-favorable representation,” Ortley said. “Mr. Zeiss would have everyone believe that he was motivated by a greater sense of duty so that this didn’t happen or if it did happen, it would be handled in an appropriate way.”

Zeiss is designated as a Tier I sex offender, which means he is least likely to re-offend. Ortley said the nature of the crime was a factor in his decision.

“The state has an interest in protecting the most vulnerable of its citizens, including young people,” Ortley said. “However, this is an offense that does not have an identifiable victim.”


Reporter Megan Strickland can be reached at 758-4459 or [email protected].

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