An Arco man was sentenced on April 10 after pleading guilty to having sex with a minor.
Denilson Jared Diaz-Garcia, 22, was initially arrested in January 2023 and charged with lewd conduct with a child under 16. He was sentenced to a determinate period of custody for two years with an indeterminate period of custody of 10 years for a total of 12 years. Diaz-Garcia will also have to register as a sex offender.
There was a motion by Diaz-Garcia for Rule 35 to reconsider the disposition that District Judge Dane Watkins Jr. had imposed on him. The state opposed this motion as it would serve as a “plea for leniency.”
“Defendant’s motion presents no new or additional evidence showing his sentence is unduly severe. Accordingly, Defendant’s motion should be denied,” according to the state’s objection to Diaz-Garcia’s motion.
There is a hearing scheduled at 9 a.m. with Watkins Jr. on this matter.
According to the probable cause affidavit, Diaz-Garcia was arrested on Dec. 29, 2022, after a report was made to dispatch of an adult male having sex with a 12-year-old girl. The father of the victim and other relatives had trapped Diaz-Garcia inside the mobile home he occupied. The father was looking for the victim inside the mobile home.
After police read his Miranda rights, Diaz-Garcia told officers that the victim had come over from next door as they were neighbors and snuck into the home around midnight. Diaz-Garcia admitted to police to having sex with the victim and that the father had entered the home after they were done.
The affidavit states the victim told police she had snuck out of her home and headed to Diaz-Garcia’s mobile home. The victim also admitted to having sex with him and falling asleep there.
Under Idaho law, juveniles cannot consent to sex and sex between an adult and a juvenile is a crime by the adult, unless they are apart by less than three years of age.
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We welcome comments, however there are some guidelines:
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