Editor’s note: This story has been updated with new information.
A 39-year-old Nashville man who was facing a child pornography charge has pleaded guilty to contributing to the delinquency of a minor instead.
Ross Volbrecht was charged in August 2017 after police said text messages and emails had shown he was in a relationship with a 17-year-old. He also had nude photos of the girl, which she said she willingly sent to him, according to a police report.
Under Indiana law, a person can legally have a sexual relationship with a minor over the age of 16, but that same person cannot possess nude photographs of that minor, as that is still considered child pornography.
“This is a bizarre legal reality and it has been recently upheld by the Indiana Supreme Court,” said Brown County Prosecutor Ted Adams.
Volbrecht had originally been charged with possession of child pornography, a Level 6 felony, and contributing to the delinquency of a minor, a Class A misdemeanor. On Sept. 24, he pleaded guilty to contributing to the delinquency of a minor after the state filed an amendment, making it a Level 6 felony. He was sentenced the same day.
The dismissal of the child pornography charge was part of a plea agreement, Adams explained in a press release. He believed the greater offense was Volbrecht using the girl, who was a minor at the time, to purchase, possess and use methamphetamine. That was the basis for the charge of contributing to the delinquency of a minor.
Text messages which the girl’s mother found on her phone made it evident that the two had had a physical and emotional relationship, and some messages had discussed using opiates, prescription drugs and “go,” which Det. Brian Shrader said was slang for methamphetamine. The first messages were dated in November 2016 when the girl was 16; when her mother notified police, she said her daughter had just turned 17.
In a police interview, Volbrecht admitted to being in a relationship and having sex with the girl, Shrader’s report said. The girl told police the two had been romantically involved for a few months, that she had pursued Volbrecht and that she willingly sent him nude photos.
“The unique facts in this case, coupled with obtaining a just result, dictated, in my opinion, that Mr. Volbrecht be held responsible for using a minor in obtaining and using drugs as opposed to possessing nude photographs of the minor,” he said.
That minor is now an adult. She testified at Volbrecht’s sentence hearing and requested he not be sent to prison and that he be in “very little trouble,” Adams said in his press release. She did not want to participate in prosecuting the case, he said.
“Given that one party was a minor, and that there was a 20-year age difference, it is certainly not something most parents or society would condone, even if it was technically legal,” Adams said. “The photos were technically illegal.”
Volbrecht was sentenced to serve 730 days in jail, but with only two days executed and the remainder of the sentence suspended. He was sentenced to serve 728 days on probation. Completing 50 hours of community service was one of his conditions, along with checking into probation weekly as directed. He could be released from probation after 545 days if he completes all of the special conditions. If he successfully completes probation, his conviction will be entered as a Class A misdemeanor, the court record said.
Adams said he hopes young people under the age of 18 refrain from possessing, generating or passing digital nude photographs of themselves or other because it is child pornography and it “places people in legal jeopardy.”
“I hope this bizarre set of circumstances can be a lesson to our community, especially our young people, when it comes to the dangers of these self-generated digital images,” he said.
ORIGINAL POST:
A 39-year-old Nashville man who was facing a child pornography charge pleaded guilty to contributing to the delinquency of a minor instead last week.
Ross Volbrecht was charged in August 2017 after police said text messages and emails had shown he was in a relationship with a 17-year-old.
He had originally been charged with possession of child pornography, a Level 6 felony, and contributing to the delinquency of a minor, a Class A misdemeanor. On Sept. 24, he pleaded guilty to contributing to the delinquency of a minor after the state filed an amendment, making it a Level 6 felony. He was sentenced the same day. His child pornography possession charge was dismissed, according to online court records.
Volbrecht was sentenced to serve 730 days in jail, but with only two days executed and the remainder of the sentence suspended.
The girl’s mother had notified police after looking through her daughter’s cellphone. Brown County Sheriff’s Detective Brian Shrader reportedly took 267 photos of messages and pictures sent between the girl and Volbrecht, and his report said that it was evident the two had a physical and emotional relationship. Some messages also discussed including using drugs together, his report said.
The first messages were dated in November 2016 when the girl was 16, the affidavit said. When her mother notified police, she said her daughter had just turned 17.
In a police interview, Volbrecht admitted to being in a relationship and having sex with the girl, Shrader’s report said. The girl told police the two had been romantically involved for a few months, that she had pursued Volbrecht and that she willingly sent him nude photos.
He received credit for one day served in jail. He was sentenced to serve 728 days on probation. Completing 50 hours of community service was one of his conditions, along with checking into probation weekly as directed. Volbrecht could be released from probation after 545 days if he completes all of the special conditions. If he successfully completes probation, his conviction will be entered as a Class A misdemeanor, the court record said.
