ST. GEORGE — A Hurricane man facing multiple felony sexual exploitation charges appeared last week for sentencing following an investigation into allegations he had been sharing sexually explicit images of a child and admitting to sexually abusive acts.
Booking photo taken at the time of Benjamin Carl Stewart’s arrest in Hurricane, Utah, Feb. 29, 2024 | Photo courtesy of the Washington County Sheriff’s Office, St. George News
On May 9, the defendant, Benjamin Carl Stewart, 43, appeared in 5th District Court for sentencing on two counts of aggravated sexual exploitation of a minor and one count of sexual exploitation of a minor. These three charges were reduced from second-degree felonies to third-degree felonies as part of a stipulated plea agreement between the parties.
The hearing was presided over by District Judge Keith C. Barnes. The state was represented by Prosecutor Grace Deist, and Stewart was represented by Defense Attorney Marshall Witt.
The case was filed following an investigation that opened Feb. 21, when the Washington County Sheriff’s Office received a report from the National Center for Missing and Exploited Children’s Cyber tipline that an internet user on Kik.com, an online chat platform, admitted to sexually abusing an underaged youth of whom he then shared photos, according to charging documents filed at the time of the arrest.
The user was identified as Stewart, who also reportedly solicited nude photos of other children using the same platform, asked if he could message one of the other user’s children and expressed a desire to have sexual intercourse with minors, as previously reported by St. George News.
On Feb. 29, Stewart was detained at the Hurricane Early Childhood Center where he worked as a a preschool special education teacher. He was arrested a few hours later and booked into jail in Washington County. His employment with the Washington County School District was terminated that same day.
On March 1, Stewart was formally charged, and the case was filed by the Washington County Attorney’s Office.
Stewart remained in jail on a no-bail hold until April 26. He was released with an ankle monitor while he awaited the plea hearing scheduled for May 9.
During the hearing, the defendant pleaded guilty to the three reduced charges and admitted to “knowingly” possessing and distributing child sexual abuse material, according to the statement in support of the guilty plea filed prior to the proceedings.
The defendant told the court, “I am deeply sorry for my actions and for any trauma it’s caused.”
Ultimately, the judge sentenced Stewart to serve one year in jail in Washington County, with credit for time served and good time credit if he qualifies. The three prison terms of 0-5 years were suspended in the case.
Stewart was placed on three years’ probation by Adult Probation and Parole and ordered to complete a psychosexual evaluation, as well as any recommended treatment. He was also ordered to comply with all terms of his probation upon his release from custody, including that he register as a sex offender.
Stewart was ordered to turn himself in at the county jail by 7 p.m. on the day of the hearing to begin serving out his sentence. Should he successfully complete all terms of his sentence, the court would consider a one-level reduction in the charges, which would result in the three counts being downgraded to misdemeanors if approved, the judge said.
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