Motion is denied to dismiss sex case
BY JOSEPH BUSTOS
SVN REPORTER
jbustos@svnmail.com
A federal judge Friday denied former Challand Middle School gym teacher Charles W. Christopher's motion to dismiss the indictment against him.
However, Christopher may have scored a victory in the process.
Christopher, 29, of Rock Falls, is charged with two counts of attempted enticement of a minor to engage in illicit sexual activities. If convicted, he faces five to 30 years in prison for each count.
His attorney has argued the indictment is too vague and does not identify the sexual activities that he can be charged with.
Prosecutors responded that the indictment specifies the essential element of the crime - that Christopher used a facility of interstate commerce (a computer hooked up to the Internet) to persuade, induce, entice or coerce a minor to engage in sexual activities - and is specific enough to protect Christopher from being charged again with the same crime, and facing double jeopardy.
In his written order, Judge John Jarvey told prosecutors to "identify the sex crimes that it will allege at trial that allegedly arose from the defendant's use of the Internet."
Prosecutors have until Aug. 24 to file the list of possible crimes.
Christopher, who also served as Sterling High School's wrestling coach, allegedly used a school computer to solicit sex from whom he thought were a 13- and 11-year-old girl. Instead, Christopher allegedly chatted with an undercover Burlington, Iowa police officer conducting an online sexual predator sting.
The 16 conversations allegedly took place between April and September of last year, according to court records.
The Sterling School District conducted its own investigation into the matter and fired Christopher in December.
Christopher's next court hearing is Sept. 10, and a trial is tentatively set for Sept. 24.
