A Provo man who pleaded guilty in December to three counts of sexual abuse of a child was ordered Friday to spend 90 days in the Utah State Prison's diagnostic unit before being sentenced.

Patrick S. Burt, 26, appeared for sentencing before 4th District Judge Boyd L. Park. Burt is one of five men charged with sex crimes involving the same 13-year-old girl. He was originally charged with forcible sodomy and rape.Defense attorney John Musselman argued that the nature of Burt's crime does not merit a prison sentence. He said the offense was a one-time incident and that the girl approached Burt and participated willingly in the crime.

"He should have known better and should have said `no.' Give him enough jail time so he will remember it for the rest of his life, but he does not deserve prison," Musselman said.

Musselman said presentence evaluations and Burt's past history show that Burt will not be a repeat offender.

However, county attorney Kay Bryson said Burt will be a repeat offender and needs treatment. He said Burt does not have the ability to say `no' and that the public would be ill-served by anything less than a 90-day evaluation.

"The bottom line is that the victim was 13 and Burt was the adult and should have controlled the situation," Bryson said.

Park said he needs more information before sentencing Burt and does not know what treatment program Burt needs. He said he wants to see how Burt reacts in a diagnostic situation.

"I'm not in the opinion that he belongs in prison at this time, and I'm not in the opinion that he's a threat to society. But I don't have any help at this time," Park said.

Burt will return for sentencing May 24.