Accused child molester could avoid jail time

A man from Libby is facing a deferred prison sentence after changing his plea to no contest on charges of sexual assault on a minor.

Jacob Laurence Nicholson, 22, was arrested in January after he touched the intimate parts of a 12-year-old girl. Specifically, he was charged with assaulting a victim less than 16 years of age with the offender being at least three years older than the victim.

Following his arrest, Justice of the Peace Jay Sheffield set Nicholson’s bail at $50,000.

Nicholson could have been punished by a prison sentence of no less than four years and no more than 100 years if convicted, but due to his change of plea, he will instead get a six-year deferred imposition of sentence. Under the terms of a deferred sentence, he will be free on probation for the six-year term, should he successfully complete the probationary period he can petition the court to expunge the conviction from his record.

According to a report by Detective Duane Rhodes, Nicholson, who at the time went by the last name Kelso, went to a local hotel’s hot tub after he was invited there by the victim’s 15-year-old friend. Nicholson and the victim stayed in the hot tub while the victim’s friend, the friend’s brother and the four-year-old son of Nicholson’s fiancé played in the pool.

Nicholson started kissing the victim while they were in the hot tub together. Nicholson later started touching the girl inappropriately.

The victim said she pushed Nicholson’s hand away, but Nicholson himself said that he pulled away after he felt the victim tense up.

Nicholson stated he believed the victim to be 17 years old, but the victim’s friend reportedly told Nicholson that the victim was actually 13 years old.

Rhodes also reported text messages sent between Nicholson and the victim, asking the victim for explicit photographs of herself.

Nicholson did not deny any allegations, but his plea of no contest means that he admits no wrongdoing, only that the state has enough evidence to convict him at trial.

Nicholson will undergo a pre-sentence investigation by officers of Adult Probation and Parole, which will result in a sentencing recommendation for the judge. Judge James Wheelis is not obligated to adhere to the terms of the plea agreement. Should Wheelis reject the agreed-upon sentence, Nicholson will have the option to withdraw his plea and go to trial on the charges. Formal sentencing is scheduled for 9:30 a.m. on Jan. 25 of next year.