Prison term given in Net-sex case

Saying he had no other choice, a federal judge Thursday reluctantly sentenced a Salt Lake man to 10 years in prison for using the Internet to entice a young girl to meet him.

U.S. District Judge Dale A. Kimball sentenced Jonathon James Munro, 21, to two consecutive five-year terms because of a 2003 federal law that mandates such sentences for sex crimes involving children.

But Kimball made it clear he didn't think Munro deserved so harsh a penalty. Munro's attorney and the federal prosecutor in the case also expressed that their hands were tied.

"I didn't create these guidelines, and I'm not Congress," Kimball said before announcing the sentence. "While I may have my views . . . just because I don't think it's a brilliant piece of legislation doesn't mean it's unconstitutional."

The act in question is the PROTECT Act, championed in the 2003 Congress by Sen. Orrin Hatch, R-Utah. Munro's attorney, Andrew W. McCullough, intends to appeal Munro's conviction before the U.S. 10th Circuit Court of Appeals. He said he intends to have Munro exonerated, but the appeal has several other elements — including an argument that the PROTECT Act is unconstitutional.

Munro was arrested Sept. 10, 2003, at a Salt Lake elementary school after chatting online with what he thought was a 13-year-old girl. It was actually an undercover male officer from the Utah Internet Crimes Against Children Task Force. He was convicted in November 2003 of coercion and enticement for illegal sexual activity and possession of a firearm during a crime of violence.

"I made a mistake when I thought I was going to go through with what I planned," Munro told Kimball before being sentenced. "I think I'm being treated unfair. It's like one strike, I'm out."

At his trial, Munro admitted to having the online conversation and asking sexually oriented questions but said he was just chatting.

He said after he logged off the Internet, he had second thoughts about meeting the girl and only decided to go to the school when he thought about her sitting at the school alone in the dark. He said he planned to walk her home.

He also admitted he was carrying a gun when he was arrested — something he said he always does for personal protection. He said he did not intend to use it on the girl.

At Thursday's sentencing, the courtroom was filled with tearful family and friends, including Munro's father, James Munro, who read a prepared statement to Kimball before the sentence was announced.