Utah judge cites defendant's 'privilege' in ordering no additional jail time in child sex exploitation case

MOAB — A Utah judge is being criticized for comments he made as he sentenced a man for sexually exploiting children.

Aidan Hoffman, 22, was sentenced Tuesday in Grand County after pleading guilty to two felony charges of sexual exploitation of a minor.

According to court documents, Hoffman possessed and distributed multiple images of children being raped and sexually abused.

During the sentencing hearing, Judge Don Torgerson twice cited Hoffman's "privilege" as he ultimately decided not to require him to serve any additional jail time or pay a fine, despite prosecutors asking for prison.

Grand County Attorney Stephen Stocks told KSL-TV he's stunned by what the judge said and did.

"Something like this shocked my conscience so much," Stocks said Thursday, "that I feel failing to act — or failing to speak out on this —wouldn't be doing a justice or service to … those kids out there."

Sentencing hearing

Hoffman is from Maine. He was charged last August in 7th District Court with multiple felony counts of sexual exploitation of a minor. He spent nearly four months in jail before getting let out in December with conditions, including that he not leave the state. According to his defense attorney, Hoffman's mother moved from Maine to Summit County to live with him.

"This is not a family or a defendant who has downplayed or minimized the seriousness of this," defense attorney Tara Isaacson told the judge. "We recognize that these images are terrible, and that this pornography is terrible, that these images are awful."

Hoffman ended up pleading guilty to two felonies, while 10 others were dropped. As he was sentenced this week, prosecutors asked for prison time for Hoffman, arguing it would send a "clear message" about the severity of the crimes.

But Judge Torgerson decided Hoffman would serve no additional time behind bars — and pay no fine. Instead, Hoffman was given suspended prison sentences, and he was placed on probation for four years. He has to register as a sex offender.

During the hearing, the judge referred to the time Hoffman had already spent in jail, saying that "112 days is a lot of jail time. It's a lot of jail time for someone your age and who comes from some level of privilege."

Stocks couldn't believe the judge brought that up.

"That shocked me," he said.

'Horrendous' crimes

Stocks, who has served as Grand County attorney since 2023, said the children in the images that Hoffman possessed and distributed were "victims of horrendous sexual acts."

The county attorney said social or economic status should not play a role in determining a sentence.

"We should look at defendants and the actions that they've done and not make it lesser because of their affluent status or their privilege," Stocks said, noting what he considers a light sentence from the judge. "The investigator spent more time likely investigating this case than the defendant spent in jail."

Torgerson did scold Hoffman for what he did, saying it leads to more children being abused.

"Children get raped because of men like you who encourage that kind of perpetrating," Torgerson said.

The judge also praised the defendant for seeking treatment and getting a job. For his part, Hoffman cried during the sentencing hearing as he apologized for his crimes.

"There's no justification for what I did," Hoffman said. "I'm not minimizing what I did. I'm not justifying it, and I promise to be better."

But Stocks struggles with the sentence — and the statements — from the judge. Prior to the sentencing, Torgerson viewed two of the videos Hoffman possessed showing children being raped and abused. Afterward, the judge told those at the hearing that he's "seen worse" during his time as a defense attorney, although he added that was not meant to "minimize" what Hoffman did.

Still, Stocks took issue with that comment, too.

"Any child being abused is terrible, dreadful," he said. "It shouldn't be downplayed."

KSL-TV reached out to Judge Torgerson through the Utah State Courts, but a spokesperson said the judge cannot comment on the case beyond what he said during the hearing.

More legal trouble

This is not Hoffman's only legal problem. He was also charged in 2023 in his home state of Maine with three class C felonies for "possession of sexually explicit material relating to a child under age 12," according to a court spokesperson.

That case is still unresolved. Hoffman has a court date in Cumberland County, Maine on July 23, according to a court clerk.

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