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Utt sentenced in sex case

by Keith Kinnaird News Editor
| October 15, 2013 7:00 AM

SANDPOINT — A Sandpoint man accused of engaging in a sexual relationship with an underage girl has a chance of avoiding a lengthy prison term.

Dylan Lane Utt was ordered to serve up to 10 years in prison, although the court retained jurisdiction over the defendant, also known as a rider.

That means Utt will serve up to a year in prison before a decision is made to place him on probation or order him to serve the underlying prison sentence.

“I’ve made mistakes, no question about it,” an apologetic Utt said when he was sentenced in 1st District Court on Oct. 7.

A psychosexual evaluation found Utt was a poor candidate for probation right out of the gate.

Judge John T. Mitchell imposed a custodial sentence due to the repeated nature of his crime and a lack of empathy for his victim, court records show.

Utt , 21, was originally charged with lewd and lascivious conduct with a minor after a search of his mobile phone uncovered several nude images of a 15-year-old girl saved to the device, a probable cause affidavit stated.

Utt admitted having a sexual relationship with the teen and taking the nude photos, court documents indicated.

Utt was subject to the search because he was already on felony probation for an assault charge.

In an agreement with the state, the lewd conduct charge was amended to a charge of injury to a child at the felony level.