Enticing a minor charge results in probation for Creston man

An undercover operation that led to a Creston man being charged with enticing a minor under the age of 16, a Class D felony, and dissemination and exhibition of obscene material to a minor, a serious misdemeanor, may result in no criminal convictions if he fulfills conditions outlined by the court and probation.

According to Creston Police charging documents, Taylor D. Smith, 31, used Reddit to make contact with an undercover officer posing as a 14-year-old female in June. Smith sent sexually explicit messages detailing sex acts, a sexually explicit photo of his genitalia and a photo of himself with his face covered to the officer, who Smith believed to be the minor female. Smith then made plans to meet the female at McKinley Park with the intention of committing sexual acts, but instead met officers who took him into custody.

Smith initially pled not guilty to the charges but on Sept. 19, entered a plea agreement in which he pled guilty to both counts. As part of the agreement, both Smith and the state were free to argue any legal sentence

The state, represented by Union County Attorney Shane O’Toole, made it known it would be asking the court for the maximum sentence to be imposed on each count but agreed to ask that the sentences be ran concurrent, or at the same time, as one another.

The maximum sentence for both charges includes a requirement to register as a sex offender for 10 years which entails exclusion zones and employment exclusions while on the registry and completion of a sex offender treatment program. The felony charge has a maximum incarceration time of no more than five years, and the misdemeanor can include incarceration of up to one year.

Smith was also charged with possession of paraphernalia at the time of his arrest. The state agreed to dismiss this charge in the agreement.

Fifth Judicial District Court Judge Elisabeth Reynoldson presided over the matter at the sentencing hearing and issued an order deferring judgement on both counts. Smith was placed on probation for three years for count one and one year for count two, but the time will be ran concurrently. Smith will be required to complete a treatment program and register as a sex offender for 10 years.

As long as Smith completes the requirements of his probation, which also include obtaining full time employment, getting his GED, having no contact with persons under the age of 18 outside of members of his family or work or volunteer anywhere that involves contact with minors unless approved and obtain psychological and mental health evaluations and follow all recommendations given from them, he will not be incarcerated.

Furthermore, if Smith successfully completes probation and does not violate any conditions set by the court, he will avoid criminal conviction and the case will be dismissed from public record. However, if Smith violates any of these terms, his probation can be revoked and the court can enter the criminal conviction and sentence as if it were never deferred.