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Man receives probation in sex solicitation case

June 22, 2007|by ERIN JULIUS

A man who pleaded guilty in April to soliciting a law enforcement officer posing as a minor on the Internet must serve three years of supervised probation, a Washington County Circuit Judge ordered Thursday afternoon.

Kevin Lee Boyer, 29, admitted that he had ongoing contact online with a person he believed to be a 13- or 14-year-old girl, Assistant State's Attorney John Dunlap said during an April 5 plea hearing.

The messages Boyer sent went to Sgt. Chris Howard of the Hagerstown Police Department.

Howard's last conversation with Boyer was Oct. 6, 2006, when Boyer set up a meeting with what he believed was a 14-year-old girl, according to court documents.

Boyer was arrested Oct. 7, 2006, near a vacant apartment where he had arranged to meet with the person he met online. Police found three pornographic DVDs in Boyer's car, according to the charging document.

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After he was arrested, Boyer admitted to police that he went to the apartment building to have sex with a girl he believed was 13 or 14 years old; he also wrote an apology letter to the girl's mother, not realizing the girl was fictional, according to court documents.

Boyer's lawyer, John Salvatore, asked Washington County Circuit Judge M. Kenneth Long to consider that no actual crime was perpetrated against a real person.

Boyer, who suffers from mental, physical and emotional problems, had lost his nerve and was leaving the apartment parking lot when he was stopped by police Oct. 7, 2006, Salvatore said. Because of his mental problems, Boyer is much less mature than his chronological age, Salvatore said.

Boyer lives with his mother and must remain in her home unless the court allows him to move, Long ordered.

Long also prohibited Boyer from accessing the Internet.

Boyer was sentenced to five years in prison, with that time suspended, and must serve three years of supervised probation.

Boyer will not have to register as a sexual offender, said Assistant State's Attorney Arthur Rozes, who represented the state in court Thursday.

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