UPDATE: Orange City, Iowa — The Sioux County Attorney’s office has released the details of the sentence for a man who was accused of having sex with a 12-year-old last year.
Authorities say 20-year-old Edgar Diego had been charged with Third Degree Sexual Abuse, a class C felony. He was also charged with misdemeanor drug possession.
But Diego agreed to plead guilty to Assault with Intent to Commit Sexual Abuse, an Aggravated Misdemeanor and Possession of Marijuana, a Serious Misdemeanor.
According to Sioux County Attorney Thomas Kunstle, Diego was sentenced to two years in prison for Assault with Intent to Commit Sexual Abuse and to 180 days in jail for Possession of Marijuana, with the terms to run back-to-back. Also, Kunstle says that upon expiration of Diego’s jail and prison terms, the U.S. Immigration and Customs Enforcement (“ICE”) will take custody of Diego and begin deportation proceedings.
Original story posted February 4, 2019 at 4:21 p.m.:
Sioux Center, Iowa — A Sioux Center man has pleaded guilty in a plea agreement after being accused of having sex with a 12-year old.
Sioux Center Police Department Officers arrested then-19-year-old Edgar Diego on Tuesday, November 20th, on a charge of Third Degree Sexual Abuse, a class C felony. He was also charged with misdemeanor drug possession.
According to the criminal complaint filed by the arresting officer, Sioux Center Police believed that Diego had sex with a 12-year-old child whose address was not the same as Diego’s. They allege the offense took place at Diego’s home on Thursday, November 8th, 2018.
If he had been convicted of the felony charge, Diego could have faced ten years in prison and fine of between a thousand and ten thousand dollars, according to Iowa Code.
Instead, as part of the plea agreement, Diego’s felony charge of Third Degree Sexual Abuse was amended to Assault With Intent To Commit Sexual Abuse, which is an aggravated misdemeanor.
The terms of Diego’s plea agreement, including the sentence, have yet to be released.
