4 years for solicitation of minor

Jill Fier, The Brookings Register
Posted 12/9/21

BROOKINGS – A Volga man has been sentenced to four years in prison for soliciting a minor in the spring of 2020.

This item is available in full to subscribers.

Please log in to continue

Log in

4 years for solicitation of minor

Posted

BROOKINGS – A Volga man has been sentenced to four years in prison for soliciting a minor in the spring of 2020.

Brady Arthur, 40, was sentenced in Brookings County Circuit Court on Wednesday.

Arthur was indicted by a Brookings County grand jury in December 2020 and pleaded guilty to the charge in July. The indictment says that Arthur solicited a minor between March 1 and May 18, 2020, to engage in a prohibited sexual act.

Solicitation of a minor is a Class 4 felony punishable by up to 10 years in prison and a $20,000 fine.

At sentencing this week, Arthur said what he did was “completely unacceptable” and that he accepts full responsibility for his actions. He apologized to the community, the court and his family.

Defense attorney Reed Mahlke said there is a tendency to lump all behavior involving minors into one bucket, but Arthur was never accused of acting on any of the statements he made on the internet.

Arthur has a history of long-term employment in the Brookings area, and he has been forthcoming with authorities and cooperative for his psychosexual evaluation, the attorney said.

Mahlke said Arthur has a well-established support network and needs long-term treatment. He asked Circuit Judge Dawn Elshere to consider probation so Arthur can receive treatment and be a successful, contributing member of society.

Elshere noted that while no actual contact was made with a child, she thought Arthur was “in denial of your risk to the public.”

The judge said Arthur had already completed a sex offender treatment program, and this most recent conviction is a similar offense to a previous conviction.

The South Dakota sex offender registry says Arthur was convicted in 2008 on a federal charge of attempted transfer of obscene material to a minor, involving a 12-year-old girl.

Elshere also noted that his psychosexual evaluation says that Arthur has an above-average risk to reoffend, and the court believes he’s on the path to do so.

Elshere then sentenced Arthur to 10 years in the South Dakota State Penitentiary. Six of those years were suspended on condition that Arthur pay attorney fees, $1,800 for his psychosexual evaluation and $106.50 in court costs. He must remain law abiding, follow the rules and regulations of the Board of Pardons and Paroles, and comply with all sex offender registry laws.

Arthur was then remanded to the custody of the sheriff’s office for transport to the state penitentiary.

Brookings County State’s Attorney Dan Nelson said the more recent case involved an out-of-state victim.

“The FBI and DCI began monitoring conversations that Mr. Arthur was having with a female child online who resided out of state. Those conversations contained soliciting sexual behavior from the minor child. This case exemplifies the danger that predators like Mr. Arthur pose to our youth online. I encourage parents to remain watchful and to monitor their children’s online activity. Our community is safer with Mr. Arthur behind bars,” Nelson said in a statement.

Contact Jill Fier at jfier@brookingsregister.com.