Getting a 13-year-old Tennessee girl to send him explicit photos through sexually explicit online exchanges has landed a Calgary man an 18-month jail term.
Kyle Wayne Jacobson will also have to serve three years of probation following his release after pleading guilty Tuesday to a charge of luring over the Internet.
Provincial court Judge Josh Hawkes accepted a joint submission from Crown and defence lawyers, but told Jacobson he would have punished him more sternly.
Judges are required to accept joint submissions by lawyers provided they are within the appropriate sentencing range for the crime.
Hawkes said Jacobson’s conduct has caused his victim a lifetime of anguish in that she will never know when, or if the images she shared with him might surface online.
“What may have started out relatively innocently quickly … turned into a nightmare for this young girl and her family,” the Calgary judge said.
“There is nothing innocent, or innocuous, or close to the line in the conversations you engaged in with this child,” he said.
“I find that these are deplorable,” Hawkes said, of the explicit texts Jacobson sent to the girl.
Hawkes added Jacobson invaded the home of the young girl and her mother in the middle of the night.
“This is a parent’s worst nightmare,” he said.
“The worst part of that nightmare is something happening in the middle of the night … in their own home where they should be safe.”
Hawkes said there can never be any assurance the images the victim shared with Jacobson won’t surface and end up “traded in a depraved way like baseball cards.”
Reading from a statement of agreed fact, Crown prosecutor Donna Spaner told court Jacobson contacted his victim in January, 2016.
The girl told him she was 16, but Spaner said the images she sent appeared to be of someone even younger.
Jacobson asked the girl to send him pictures and she sent 15 images, 11 of which were nude, or semi-nude, Spaner said.
The offender also sent the girl a photograph of an erect penis.
Jacobson was caught after the girl’s mother reported their chats to the Bartlett, Tennessee Police Department, which passed the case on to the FBI when it was determined the IP address being used by him originated in Calgary.
A subsequent investigation by the Southern Alberta Internet Child Exploitation unit tracked the address to Jacobson.
Upon receiving the images, Jacobson replied with sexually graphic and explicit messages, the prosecutor said.
Defence counsel Greg Dunn said his client, 33, was “visibly embarrassed” when they discussed his actions.
“It started with adult porn and then he got onto the chat room,” Dunn said.
“He was essentially reckless with respect to who he was talking to.”
Hawkes said despite his conduct, Jacobson’s guilty plea spared the girl and her mother having to travel to Canada to testify at his trial.
On Twitter: @KMartinCourts
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