By Alex Bridges -- email@example.com
WINCHESTER -- A Chesapeake man must serve five years in prison for using the Internet to try to have sex with someone he thought was a teenage girl in 2007.
Judge John Prosser sentenced Kevin Sean Byce, 42, in Frederick County Circuit Court to 14 years in a state penitentiary for using a computer to commit a crime against a child and three counts of attempting to take indecent liberties with a minor.
Prosser suspended nine years of the total sentence and ordered Byce to serve four years of supervised probation upon his release.
The judge accepted a plea agreement reached between Commonwealth's Attorney Glenn Williamson and Byce's counsel, Luke Boyd. The deal called for Byce to plead guilty to the computer sex solicitation charge and the four attempted indecent liberties counts. In return, the commonwealth asked the court to dismiss three additional counts of computer solicitation against Byce.
Tim Juergens, an investigator with the Frederick County Sheriff's Office, entered an Internet chat room on Dec. 18, 2007, and eventually came in contact with a person using the screen name "kdog036," Williamson told the judge. Juergens identified himself to the defendant as a 14-year-old girl, the prosecutor said.
"During the course of the chat, the defendant had a Web cam and sent the investigator images of the defendant masturbating," Williamson said.
Byce did the same on Jan. 23 and 25, 2008, but with Investigator James Galbreath, according to the prosecutor.
Investigators traced the screen name "kdog036" to Byce through Internet service provider records, Williamson said. Authorities searched Byce's home in Chesapeake, according to the prosecutor. Byce was also under investigation for committing similar offenses in other jurisdictions, Williamson told Prosser.
Prosser sentenced Byce in accordance with the plea agreement. Specifically, the judge sentenced Byce to five years for the computer sex solicitation and to three-year terms on each of the three counts of attempted indecent liberties. All sentences are to run consecutively.
The remaining five years of the term is the mandatory minimum for computer sex solicitation, he said.
Byce had faced serving up to 105 years if found guilty of all charges -- 30 years for computer solicitation, five years for each of the remaining felonies.
Guidelines called for Byce to serve an active jail sentence of up to nine years and 11 months had he been convicted on all counts.
As a special condition of his probation, the judge ordered Byce not to possess a personal computer nor to use such a device to access the Internet except for work purposes or to apply for employment.