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SALT LAKE CITY — A 26-year-old Midvale man was sentenced to 25 years in prison Thursday for forcing a 6-year-old child to engage in a sex act that the man filmed.
The girl's father stood before U.S. District Judge Ted Stewart amazed, though, that Joseph Anthony Todd was allowed to plead guilty to a single count of production of child pornography for what he had done.
"He did this many times to my daughter," the man said. "He did it over and over."
The sentence was agreed upon by attorneys on both sides of the case as part of a plea agreement, though Stewart had the ultimate decision of what sentence to impose. The judge indicated he felt the agreement was a reasonable one and implemented the sentence, adding a lifetime of supervised release.
Upon his release, Todd will be required to register as a sex offender and not have any contact with anyone under the age of 18 without adult supervision. He is not to possess any sexually explicit material or have contact with the girl or her brother.
"The acts were detestable," Stewart said. "The court would note that the psychosexual examination indicated he is moderate to high risk to reoffend ... acknowledgement is difficult for Mr. Todd to concede."
"My family has been very hurt by what happened, my whole family. They all heard about what happened and we've all been impacted."
A second count of possession of child pornography was dismissed in exchange for Todd's plea. In his statement in advance of plea, Todd admitted that he "forced a child to engage in sexual activity for the purpose of videotaping the conduct." The girl was 6-years-old at the time.
Todd entered a guilty plea to one count of aggravated sex abuse of a child, a first-degree felony, in 3rd District Court in Nov. 2010 and was given a sentence of 15 years to life in prison. Stewart ordered the federal and state sentences to run concurrently.
Charges were filed in two separate courts due to the differing natures of Todd's actions. The assault itself was prosecuted under Utah law, while the production of child pornography charge was handled in federal court because it utilized a video camera made outside Utah "and therefore was transported in interstate commerce," court documents state.
The child's father said his son also suffered mental abuse at Todd's hands.
"This isn't just one child," he said. "It's impacted two — majorly. ... My family has been very hurt by what happened, my whole family. They all heard about what happened and we've all been impacted. ... Please consider the maximum (penalty)."
Todd declined to make any sort of statement.