A former high school drum line coach was sentenced to 16 months in prison Friday for having sex with a student. Police say 27-year-old Jorge Brodt gave his students alcohol and engaged in a consensual sex act with a 16-year-old girl. But Brodt will not have to register as a sex offender.
"It does appear that his level of maturity based on his age doesn't match. He's immature for his age," said Judge Chip Brehmer.
Judge Chip Brehmer called it a horrible one time, decision. He said while that doesn't excuse what Brodt did, having him register as a sex offender wouldn't be appropriate.
"It's just one of those things, that somebody isn't as mature as their age would say and somebody might be more mature then their age would say and they did what comes naturally," said Kyle Humphrey, Brodt's attorney.
According to police, Brodt invited three teenage girls to his house last summer. Officers say he served them vodka and tequila and engaged in consensual oral sex with a 16-year-old girl.
"Our position was he should have registered as a sex offender. The facts of the case, that alcohol was involved and he was in a position of authority," explained Esther Schlaerth, Deputy District Attorney.
Brodt was originally charged with a felony, oral copulation with a minor under the age of 18, along with three misdemeanor charges of contributing to the delinquency of three children. Brodt pleaded no contest last month to a charge of oral copulation with a minor. In exchange, the other charges were dismissed. The victim and her family didn't want Brodt to register as a sex offender.
"The young lady who was 16 at the time, knew that regardless of society's random drawing of lines saying people under a certain age can't have thoughts of their own, she knew that it was a mutual incident, and she didn't want to be responsible for ruining a man's life forever," noted Humphrey.
The California Supreme court ruled it's no longer mandatory for someone convicted of felony oral copulation with a minor to register as a sex offender.
If the victim is 16 or older, it is up to the the court to decide whether the defendant has to register.
"We were looking at several factors including is the crime he committed for sexual gratification? What is his likelihood of re-offending?" said Schlaerth.
Judge Brehmer said Brodt had a low to moderate risk of re-offending. Schlaerth said Brodt will not be able to teach again once he gets out of prison.