SWEETWATER COUNTY — A 24-year-old Rock Springs man was sentenced to 5-7 years of prison at the Wyoming Department of Corrections for the attempted sexual exploitation of who he believed was a 15-year-old girl, but was really an undercover cop.

Michael A. Nelson appeared in the Third District Court of Judge Richard Lavery Wednesday morning for a change of plea hearing and sentencing for one felony charge of attempted sexual exploitation of children. The charge carries a punishment of no less than five years of imprisonment and no more than 12 years, and/or a fine of not more than $10,000.

Nelson changed his plea to guilty Wednesday, pursuant to a plea agreement that would shorten his prison sentence to 5-7 years at the Wyoming State Penitentiary, with a court recommendation for the youthful offender transition program. Judge Lavery accepted the plea agreement, but with “some reluctance”.

“I’m worried that you’re not done with this. That this isn’t going to be over once you are released from prison. If it were to happen again, do you have any idea what would happen to you?” Judge Lavery said. “Second offense for a crime like this… you’d get the maximum. You’d do the full amount. And you’re a young man, so you’ve got to figure this out.”

The Incident

On May 3, Nelson started talking to who he believed was a 15-year-old girl named “Kayla Jones” on Facebook, and made plans to meet up with her to have sex in his Jeep. However, the profile was actually an undercover detective with the Rock Springs Police Department, Matthew Jones. Jones was using a department approved online undercover (UC) account on Facebook, and he sent Nelson a friend request. Nelson accepted the request and began messaging the UC account.

Judge Lavery asked Nelson if the profile he was communicating with had photos, which Nelson said they did and that the girl appeared to him to be aged 17-18. However, On May 4, Nelson asked the UC how old the UC was and was advised that the UC, who he believed to be “Kayla”, was 15-years-old. Nelson told the account that he was 24.

On May 5, Nelson asked to see more pictures of “Kayla” and provided his Snapchat account. Snapchat is a social media app that allows individuals to send photos that disappear after a certain set of seconds. The UC added Nelson as a friend on Snapchat and the two exchanged photos.

Nelson then told the UC that he is a single, 24-year-old, “with a high sex drive”. Judge Lavery confirmed parts of the conversation with Nelson in court, in which Nelson told the UC that he is “always down” and that even though the UC is 15, “if it happens, it happens”. Nelson also told the UC that he had sex with a 15-year-old when he was 21.  

Nelson confirmed in court that he asked the UC if they wanted to have car sex in his Jeep, and suggested they meet in the parking lot across from Broadway Burger. The UC told Nelson that he had to have condoms. The affidavit states that Nelson told the UC he was going to kiss her, make out with her, have sex with her, and described various other sexual acts he was going to do to her.

When Nelson showed up at the planned location, Detective Jones saw the gray colored Jeep before receiving a message on the undercover account stating that Nelson had arrived. Officers then arrested Nelson and took him into custody. Nelson identified himself to the officers and they found an unopened condom in Nelson’s right front pocket.

The Sentencing

Prior to sentencing, Judge Lavery explained to Nelson that this crime will require him to have a sex offender evaluation, which will be done at some point if he comes out on probation or parole. Additionally, Judge Lavery told Nelson that he will be required to register as a convicted sex offender. Judge Lavery said that this will require some effort on Nelson’s part, and that it is “astounding” to him the number of unregistered sex offender cases the court sees.

Nelson’s plea agreement was accepted, with 110 days of credit attached to the sentence, as Nelson has not been out of jail since his arrest in May. He will additionally be required to pay $200 to the Crimes Compensation Fund, $750 in public defender fees, and other court fees. Nelson has the right to file an appeal within 30 days.

Judge Lavery told Nelson to “put in the work” at the Wyoming Department of Corrections so that he doesn’t repeat his crimes when he’s released.

“You were, in this instance, caught by officers investigating these kinds of crimes. But it could easily have been just that 15 year old girl, and then it would have been even worse,” Judge Lavery said.