According to Greene Circuit Court records, 36-year-old James Theirn Erwin III, pleaded guilty to Level 4 felony sexual misconduct with a minor, as part of a negotiated plea agreement.
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Last updated on Tuesday, May 29, 2018
(BLOOMFIELD) - A Bloomington man has pleaded guilty to a felony charge of sexual misconduct with a minor.
According to Greene Circuit Court records, 36-year-old James Theirn Erwin III, pleaded guilty to Level 4 felony sexual misconduct with a minor, as part of a negotiated plea agreement.
Erwin was arrested after claiming to be half his age in order to be in a relationship with a teenager.
As part of the plea agreement, Erwin will be sentenced to six years in the Indiana Department of Corrections with two years suspended. He received credit for six days already served. After his release Erwin will be placed on supervised probation for two years and will be required to register as a sex offender. He cannot contact the victim in this case.
He must pay a fine of $50, $250 sexual assault victim fee, court costs in the amount of $185 and $600 to the public defender.
According to a probable cause affidavit, on September 16, 2016 a caseworker and police met with the victims mother at the Greene County Department of Child Services where the mother says the minor went to the Bloomington Walmart on August 8th where she met Erwin in the movie section of the store.
The male then met with the victim at the Bedford Walmart the following week on August 14 as well.
"She (the mother) said she talked to him for a few minutes.". "She told him (the minor) was (a teenager) and that she didn't want (the minor) to get hurt. He introduced himself as Jimmy Ervin and said he was 17 years old."
The mother reportedly asked to see his driver's license, but he told her he hadn't driven and didn't have it on him. She later allowed him to go to their house to get to know him.
The mother then discovered that Erwin was coming to her home to meet with the teen after she left for work. The mother became suspicious saying "things were not adding up."
The mother reportedly said she learned Erwin was lying about his identity at a family reunion when a relative told her she had went to school with Erwin and he was not 17.
The teenager reportedly stated they and Erwin met on Instagram at the end of June 2016 and the two were having sex.
Law enforcement was contacted. When interviewed by police Erwin admitted to having sexual intercourse with the teenager at locations in both Greene and Monroe counties.
The minor reportedly admitted to telling Erwin an incorrect age of 18 initially and that the sexual encounters were consensual.
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