Probation given in photo case

A man who asked his girlfriend to send him inappropriate photos had one felony charge dismissed and the other will be also be dismissed if he can complete probation.

Jacob Ariel Allen, 19, of Green River recently appeared in the Third District Court of Judge Richard Lavery for a sentencing hearing to two counts of sexual exploitation of children. On the first count, Allen induced a child to engage in making pornography. On the second count, Allen possessed child pornography. Count two was dismissed.

Under Wyoming statute 7-13-301, count one will also be dismissed if Allen can adhere to the supervised probationary terms for three years. This statute is only available to first-time offenders and only for certain felonies. Once 7-13-301 is used by an individual, it can never be used again.

If Allen breaks his probation, his guilty plea on the first count will be entered and the charge will no longer be dismissed.

One of the probation terms is that Allen is to have no contact with the victim in the case. This includes first-hand correspondence or communication through a third party except under circumstances approved in advance and in writing by the victim and the probation agents in consultation with the treatment provider. Allen shall not enter onto the premises, travel past or loiter near the victim’s residence or place of employment.

According to court documents, on July 28, 2017, during and unrelated investigation, a Sweetwater County Sheriff’s deputy was given consent from Allen to search his cell phone.

Oxygen Forensic Analyst Software was then used and three photos of a young nude female were discovered. One of the photos was explicit in nature.

The Sheriff’s detective was able to identify the girl in the photos by looking at Allen’s Facebook page. Some of the photos on Allen’s Facebook page where of him with the girl in the photos.

The detective set up an interview with the girl, who told the detective she was 16 years old when the photos were taken. She said she willingly took the photos of herself and sent them to Allen because she was Allen’s girlfriend.

On Aug. 7, 2017, a search warrant was obtained by the sheriff’s department to complete a more in-depth analysis of Allen’s phone. This analysis discovered text-message exchanges between Allen and the 16-year-old girl. These test messages led up to the girl sending the photos of herself.

During the text message exchange, Allen asked the girl to send him photos because he was drunk. After a few more texts back and forth, the girl sent them after Allen promised he was the only one looking at them. Allen was interviewed and told the detective he told the girl to send him “pics.” He said he never sent the photos to anyone else.

 

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