Pocatello man already facing over 20 years for possession of child porn now charged with lewd conduct
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POCATELLO — A man who pleaded guilty to possession of child pornography and is awaiting sentencing has been charged with a new felony.
Benjamin Ray Frasure, 39, faces a felony charge of lewd conduct with a minor, court records show.
A woman called Pocatello police on Aug. 7 to report “inappropriate” contact between Frasure and a then-four-year-old child, according to an affidavit of probable cause.
Frasure, the woman said, was arrested in 2021 and charged with five counts of possessing child porn, one count of destroying evidence and a persistent violator enhancement.
Court records show he pleaded guilty to two counts of possessing child porn and the destruction of evidence charge after reaching a plea deal in that matter. The other counts have been dismissed as part of that deal.
The woman told officers she had just been informed by her daughter that Frasure touched the girl. The child did not give details, the woman said, but gestured toward her genitals, saying Frasure touched her there.
The girl said Frasure threatened to kill her mother if she ever said anything.
Officers oversaw an interview with the child, conducted by a child advocacy therapist.
During the interview, the girl said she felt “unsafe for years” because Frasure told her he would kill her and her mother if she ever told anyone about what occurred. The girl told the interviewer, according to police reports, Frasure had taken photos of her while she was undressed.
The girl described feeling like she was going to cry, that she could not move or speak after the incident.
After completing their investigation, Pocatello detectives obtained an arrest warrant for Frasure, which was served at the Bannock County Jail, where he is being held for the 2021 charges.
He is scheduled to be sentenced by District Judge Robert Naftz on Dec. 11 for the previous charges.
Though Frasure has been charged with the new crime, it does not necessarily mean he committed it. Everyone is presumed innocent until they are proven guilty.
If he is found guilty, Frasure could be sentenced to life in prison.
He is scheduled to appear in court on Nov. 22 for a preliminary hearing before Magistrate Judge Aaron Thompson.