A man was sentenced to three years in prison for soliciting nude photos of a 15-year-old girl and using them to coerce her to perform sexual acts.
South Central District Judge David Reich sentenced Philip Davies, of Bismarck, on Monday.
In September, a jury convicted Davies of two felony counts of possession of prohibited materials for receiving nude photos via Snapchat and felony sexual imposition for threatening to send those photos to schoolmates if she didn't continue her sexual relationship with him.
Davies was also found guilty of luring a minor by computer because he used social media to ask the underage girl for sex when he was 19 years old, as well as misdemeanor corruption of a minor for his role in setting up sexual acts between the girl and one of his friends.
Burleigh County State's Attorney Julie Lawyer recommended Davies serve six years in prison, while Davies' attorney William Kirschner recommended Davies be sentenced to probation.
“There is nothing in this case that indicates that (the victim) had any control over this. She, according to even Mr. Kirschner, was moved by the defendant and his superstar status, which he used to victimize this girl," Lawyer said, referring to his status as an athlete.
Kirschner told the judge the recommended sentence was “out of line with the misconduct," and that Davies has acknowledged his wrongdoings and offered to make restitution in any way possible.
“He wants a second chance at life, he understands that he is being punished now for what is going on," Kirschner said.
Davies also told the judge that he would like a second chance.
Reich said, while he understood the arguments on both sides, Davies doesn't have a clean record.
"You have a number of different contacts with the court in other matters," Reich said. "There's just a complete total disregard of the right of another individual that you exhibited for an extended period of time in this case. It’s very troublesome to me.”
Davies must also register as a sex offender and complete five years of supervised probation.