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Sentence stands in lewd, porn case

KEITH KINNAIRD | Hagadone News Network | UPDATED 7 years, 3 months AGO
by KEITH KINNAIRD
News Editor | October 7, 2017 1:00 AM

SANDPOINT — The Idaho Court of Appeals is affirming the sentences imposed against a Bonner County man convicted of lewd conduct and possession of child pornography.

Steven John Kearl was originally charged last year with two counts of lewd conduct, one count of sexual abuse of a child under the age of 16 and 24 counts of possession of sexually exploitive material.

Kearl was accused of touching a 15-year-old’s genitals and breasts in 2014 and 2015, according to charging papers. The alleged victim reported that Kearl began molesting her when she was as young as 4 and living in a different state, court documents indicate. Images of child pornography were discovered on computer devices during the lewd conduct investigation.

Kearl pleaded not guilty to the charges, but subsequently entered into a pretrial settlement agreement in which he pleaded guilty to one count of lewd conduct and one count of possession of child porn. In exchange for the pleas, all of the remaining counts were dismissed.

At Kearl’s sentencing hearing in August 2016, the teen told the court that Kearl had long treated her as a sex object and would never feel safe unless he was imprisoned.

A sex offender evaluation recommended Kearl be placed in the Idaho Department of Correction’s retained jurisdiction program, which could have seen Kearl released from prison after a year. Bonner County Prosecutor Louis Marshall recommended concurrent three- to 20-year prison terms.

Judge Barbara Buchanan declined to retain jurisdiction over Kearl due to the lasting impacts to the teen. She imposed concurrent 13- and 10-year prison terms, the first three years of which were fixed.

Kearl appealed, arguing that Buchanan abused her discretion by imposing excessive sentences. The appeals court, however, disagreed, according to an unpublished opinion released on Thursday.

“Therefore, Kearl’s judgments of conviction and sentences are affirmed,” the appellate court said.

Kearl, 44, is imprisoned at the Idaho Correctional Institution in Orofino, according to IDOC’s website. He has a parole hearing set for July 2018.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.

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