Rexburg man sentened to 15 years for distribution and possession of CSAM

REXBURG — A 24-year-old man was sentenced to 15 years after pleading guilty to two felony charges involving explicit content of children.

Jackson Hershel Johansson was charged last June with felony possession and felony distribution of child sexual abuse materials.

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A jury trial was scheduled for January, but it was vacated after Johansson accepted a plea agreement and changed his plea to guilty on both charges in April.

The agreement was non-binding and outlined that the state’s sentencing recommendation would be three years fixed and a 10-year indeterminate term, for a total of 13 years.

Boyce sentenced Johansson to three years fixed and seven years indeterminate for the possession charge and three years fixed and 12 years indeterminate for the distribution charge, with both counts to run concurrently.

He will also be required to register as a sex offender.

No witness impact statements were given at Monday’s sentencing.

Johansson was arrested after a cybertip was filed on April 17 to Idaho’s Internet Crimes Against Children task force stemming from content being downloaded from the social media app, Kik.

A search warrant was obtained, and multiple images of CSAM were found of children being sexually abused.

‘It’s disturbing, it’s promiscuous, it’s disgusting’

Madison County Prosecutor Rob Wood began his argument over sentencing, discussing issues he had with the presentence investigation report and the psycho-sexual evaluation.

He said that after reading both reports, it speaks very positively of Johansson, despite the seriousness of the charges and the explicit content he was watching.

“I sometimes wonder if the people who wrote these had to actually look at the material that defendants like this are looking at, if they would come to these same conclusions?” Wood said. “I’m honestly shocked by the recommendation that a defendant who was distributing child porn was to receive probation.”

Wood argues that the recommendation given by the investigation does not reflect the values of the community or the state, nor, in his mind, does it fit the punishment for the crime.

While there were no victim impact statements given, Wood said the reason is that the victims in the CSAM that were found on Johansson’s phone are still unknown.

“In this case, your honor, there were a lot of victims,” Wood said.

He noted one piece of content found on Johansson’s device, based on police reports. Wood said it described a preteen girl being sexually abused by two men and a woman.

“That’s what this defendant was looking at. It’s disturbing, it’s pernicious, it’s disgusting,” Wood said.

Other parts of the investigation into Johansson discussed his conversations with other users while trading this explicit content.

Wood talked about a conversation in which Johansson had told others he “wanted to touch a child” and “the younger the better. Wood said Johansson later falsely bragged to one user that he had actually done so.

“The fact that he’s talking about it as a bragging right with other purveyors of travel pornography, that’s deeply disturbing to the state,” Wood said.

Wood said his main issue is the report alleging that Johansson did this for the thrill of doing something illegal, which he believes is not the case.

When asked about how much CSAM was found, Wood was told, “There was an ungodly amount.”

For these reasons, Wood said the state will stand by the plea agreement, with the kicker of a long, indeterminate period to monitor Johansson.

‘A good person who engaged in some bad behavior’

Johansson’s attorney, Joshua Aaron Garner, argued against Wood’s assertion about the PSI and the psycho-sexual evaluation being incorrect or wrong.

Garner said the phrase “after a thorough evaluation of the case’s details” clearly indicates that the PSI reporters have done their work before crafting a recommendation that fits the case’s details.

“After thorough evaluation of the case details, they are recommending a sentence of felony probation,” Garner said.

Looking at Idaho law, Garner said each case like this involving Johansson is uniquely different and has its own set of facts that set it apart. He said Idaho laws don’t automatically dictate that those charged with these crimes must go to prison, and highlight the potential for rehabilitation.

“With each defendant that comes before you, there has to be an individual sentence. It can’t be based on this idea that … all these folks who engage in this kind of behavior should all be lumped together and treated the same way,” Garner said.

Looking at Johansson’s history, the 24-year-old has no criminal record, has strong family support, and Garner said the PSI places him at a 2 for his level of reoffending, meaning a very low risk.

Since his arrest, Garner said Johansson has sought out treatment, like sex offender treatment, and has been active in it for over a year.

“He has tried to recognize, be accountable, and fix the issue that he was dealing with,” Garner said. “When he was arrested by law enforcement, within minutes of being arrested, he gave a full confession.”

Garner discussed the letters of recommendation Johansson has received in this case, and said that many of them not only laud him as a good person but also discuss how Johansson spoke with them about his charges and his efforts to change.

“This is a person who is before you today, your honor, who was a good person who engaged in some bad behavior,” Garner said.

Looking at the case overall and the reports, Garner said this was viewed as a situational incident, rather than a long period of consistent behavior.

Garner’s recommended the court follow the PSI’s recommendation, with five years of probation and an underlying sentence of one year fixed and four years indeterminate.

He also added that Johansson should serve some local jail time, with the sentence set at least 60 days.

“We don’t believe, your honor, this sentence in any way diminishes or minimizes the seriousness of this crime,” Garner said. “Jackson has been accountable, he’s recognized his thinking errors, he’s received treatment for the last year, allowing him to be on probation to allow him to be in the community, and to continue to receive that treatment uninterrupted.”

‘I’m sorry’

Johansson was given a chance to make a statement to the court. He began by apologizing for the decisions he made.

“I came forward responsibly and accept any punishment being appropriated by the court,” Johansson said. “I would like to thank my family for their support and mentorship to me.”

Johansson said he credits their support, along with that of his friends, church leaders, and his therapist, with helping him overcome this dark moment in his life. He said he hopes to one day become a better person in his family and the community.

“All I can say is I’m sorry to my family, friends — anyone who was a victim in any of the media that I viewed, and anyone else that I harmed in any way by my actions,” Johansson said.

Boyce’s sentencing

Looking at the arguments made, Boyce said he has to consider the aggravating and mitigating factors that Wood and Gardner discussed.

In the reports, Boyce said the recidivism score assigned to Johansson is among the lowest for an individual, and the work he has put in to seek treatment and cooperate with law enforcement reflects who Johansson is as a person.

“You are, otherwise, a responsible person who wants to work hard, wants to obey the law and lead a law-abiding, productive life,” Boyce said.

Regarding the aggravating factors, Boyce said that the charges to which Johansson pleaded guilty are still very serious felonies with significant penalties. The distribution charges carry a potential punishment of up to 30 years in prison, which he said indicates that the courts must treat the charges as serious.

Defending his decision to dictate a prison sentence, Boyce said the vast amount of CSAM that was found and the distribution to other users further extends the scope of harm to the victims.

“There is a lot of mitigation. The court finds that a sentence, if it’s not a prison sentence, would be inappropriate in this case,” Boyce said.