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Ex-Utah police officer who had sexually explicit images of underage teen gets probation

Jeremy Rose. Courtesy photo

A former Tremonton police officer who served nine months in jail after being prosecuted in state court for posing online as a porn producer and convincing a minor to send him nude photos of herself was sentenced Wednesday in U.S. District Court on a federal charge connected to the same case.

Jeremy Rose, 40, who pleaded guilty in March to one count of possession of child pornography, was placed on five years of federal probation by Judge Robert Shelby. Under the sentence he imposed, Shelby reserved the ability to put Rose behind bars for 10 years if he does not comply with his probationary requirements.

Before the sentence was handed down, Rose said he had remorse for what he did and apologized for the hurt he had caused.

In a written statement that was read aloud at the sentencing hearing, the victim, who was not in court, said Rose’s actions had caused her life to fall apart and eventually led to a suicide attempt.

In April 2014, state prosecutors filed 15 charges against Rose, saying he convinced a teenage girl that she could make money by submitting nude photos. The then-15-year-old told investigators she sent about 150 pictures of herself to “Tom,” who said the images would not be posted online but would be purchased in private by individuals.

The state charges initially were filed in 1st District Court in Box Elder County, but the judge there recused himself, saying he was acquainted with Rose. The case was transferred to 2nd District Court, where the former police officer pleaded guilty to seven counts and was sentenced in November 2014 to 270 days in jail, 36 months of probation and 60 hours of community service.

At the time, Tremonton police officials said Rose had not been employed by the department since July 2013.

In 2015, a federal grand jury indicted Rose in the case. Prosecutors in the U.S. Attorney’s Office for Utah had received a waiver from the Department of Justice that allowed them to pursue federal charges against Rose.

U.S. Attorney for Utah John Huber said his office sought the waiver because the prior prosecution “left substantial federal interests unvindicated.”

Rose’s attorney said the prosecution violated the U.S. Constitution’s double jeopardy clause, which prohibits being tried twice for the same offense, and asked that the case be thrown out. Shelby denied the request, ruling that the federal prosecution was allowed because the U.S. government and the state government are separate sovereign entities.

Federal prosecutors asked for a 10-year prison sentence for Rose, who has been free, pending resolution of the case.

Shelby said Rose’s conduct was “serious and egregious,” and that he has the “greatest empathy” for the victim.

But the judge also said he is required under law to impose a sentence that is sufficient — but not greater than necessary — to reflect the seriousness of the offense, promote respect for the law, provide just punishment, provide adequate deterrence to criminal conduct and to protect the public.

Rose has served jail time, and his conduct since he’s been out of jail awaiting resolution of the federal case has been reported as “exemplary,” Shelby said. The judge noted that Rose is employed, supporting his family, obeying the law, getting counseling and making progress toward rehabilitation.

The sentence will protect the public, Shelby said, because Rose can be brought back to court if he violates his probation conditions.

The girl’s name has not been made public because she is a minor.