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The photo is a reflection of her and Benda, his hands covering her body. The girl later told a Dakota County judge that she had forgotten about the picture until police came to her house and asked about it. Benda was convicted of felony child-pornography possession and is awaiting sentencing.
Once the conditions are satisfied, a judge will clear the defendant of the charges and dismiss the case.Benda pleaded guilty to the charge in November 2012. The charge was dismissed in July 2014 after he successfully completed two years of probation.Such a legal arrangement is called a stay of adjudication.“The punishment didn’t really fit the crime,” Yang said.
County attorneys say they consider several factors before prosecuting these cases.
What seems like a high school romance can lead to a felony conviction and having to register as a sexual offender.