Utah judge's sentence on child pornography offender sparks controversy, the court's response

Yahoo

29-05-2025

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SALT LAKE CITY, Utah () — A judge's decision on the sentencing of a 22-year-old man convicted of sexual exploitation of a minor has stirred up discussion among lawmakers that resulted in a statement from the Utah State Courts.
Adian Hoffman, 22, from Maine, was found guilty of two second-degree felony charges of sexual exploitation of a minor. He was initially charged with 10 first-degree felony counts of aggravated sexual exploitation of a minor.
The 22-year-old was accused of possessing child sexual abuse material (CSAM) and distributing it while house-sitting for a relative in Moab. Officers found more than 300 images of CSAM on his devices, according to documents.
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Hoffman was sentenced to 1 to 15 years in prison for each charge, but that sentence was suspended for probation. He received 112 days in jail and 48 months of probation on May 20, 2025, by Seventh District Judge Don M. Torgerson.
There were also conditions ordered on his parole, such as no internet access without approval from the Department of Adult Probation and Parole (AP&P), maintaining a full-time job, and completing a cognitive-behavioral course, among other conditions.
On May 24, 2025, Mike Schultz-R, Speaker of the Utah House of Representatives, and about the sentencing of Hoffman. He even called for Judge Torgerson to resign.
This is deeply troubling and indicative of a broader pattern within the judiciary. Such decisions not only fail to deliver justice for victims — in this case, children — but also erode public confidence in the legal system.
Judge Torgerson's comments and decision are a failure of justice, and cannot be ignored. He must resign. He should not be able to continue sitting on the bench and serving the people of this great state.
Speaker Mike Schultz on Instagram
Several days after Schultz's post, the Utah Republican Party also responded to the sentencing decision made on May 20.
On May 27, 2025, the Utah GOP shared a screenshot of Schultz's , 'Speaker Schultz is exactly right. Justice must protect children, and that requires holding those who harm them fully accountable. Judge Torgerson's decision is a clear miscarriage of justice. He should resign.'
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In a statement by the Utah State Courts on May 28, they clarified that quotes from the sentencing 'omitted several relevant and important facts' and were 'without context and should not be the sole basis for any conclusion.'
The State expressly agreed in its written plea agreement that the Defendant would receive probation, rather than a prison sentence. Additionally, the sentence imposed by Judge Torgerson was squarely aligned with the 2025 Adult Sentencing, Release, & Supervision Guidelines promulgated by the Utah Sentencing Commission and unanimously approved by the Utah Legislature during the 2025 General Session. Adult Probation and Parole's probation recommendation was also aligned with the Adult Sentencing, Release, & Supervision Guidelines
Part of the Utah State Courts' statement on Hoffman's sentencing
A link to the full sentencing video was provided for the public. Those who are interested can watch Hoffman's sentencing in full on the .
'The Judiciary is committed to transparency and encourages anyone who has questions about the sentence to listen to the entire audio recording of the sentencing hearing,' the Utah State Courts concluded in their statement.
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This section will contain quotes and a full explanation of everything that happened during the sentencing hearing. As aforementioned, those who are interested can view the full sentencing on the .
Two evidence files that were sent from Kik — the app where Hoffman distributed CSAM — to law enforcement were shown to Judge Torgerson at the request of the prosecution. This defense said they would leave it to the court's discretion and would not block the viewing of the files.
Judge Torgerson reviewed the files and stated that they depicted 'obvious prepubescent children engaging in sexual activity.' He asked the Grand County Attorney, Stephen J. Stocks, to give his sentencing recommendation.
'This is where this whole case starts off, we look at the [pre-sentence investigation] and there is a substantial amount of images, a hundred images, and although the defendant didn't plead to all of those, that was what was found,' Stocks stated.
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Stocks told the judge that Hoffman downplayed his involvement in downloading and distributing the CSAM. Hoffman allegedly claimed to be ill and that his sickness led to his developing a CSAM addiction. According to Stocks, among the images were children from the ages of 3 to 15, and he described them as 'horrendous.'
The state requested prison, and Stocks stated that jail time would not be sufficient. He said that although Hoffman was seeking treatment now, his desire and intention created a demand for more CSAM to be made.
'I think the light amount of jail doesn't really take into consideration the severity of this case. I think there are aggravating factors, such as the distribution. Now, I know he's engaged in treatment… but this type of behavior and this type of charge demands, in the interest of justice for the children, that he be incarcerated in the Utah State Prison,' Stocks concluded.
Tara Isaacson, the defense attorney for Hoffman, then provided her recommendation. She started by stating that Hoffman is only 22 years old, and was 20 when he committed the offense. Isaacson said that those who are under 21 when committing these types of offenses usually receive a lighter sentence due to their age.
Hoffman completed a psychosexual evaluation and has been involved in 'intense' sex offender therapy while the case was being processed, according to Isaacson. She also stated that since his release, he has been engaged in the community, found a job, and entered an age-appropriate relationship, all things that she claims have prevented him from reoffending.
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'This is not a family, or a defendant, who has downplayed or minimized the seriousness of this. We recognize that these images are terrible, and that this pornography is terrible and these images are awful, but this is someone who has absolutely not attempted to minimize… in every single category, he was in the low range, I rarely ever see that,' Isaacson told the court.
Isaacson stated that Hoffman acknowledged what he did was wrong during therapy and did not try to 'minimize' the crime that he had committed. She stated that Hoffman would not be receiving a light sentence as he was working hard to turn his life around after being jailed at age 20.
'I think this is a situation where Aidan has demonstrated, over the last months he's been out, that he can follow the rules, he can comply, he's engaged and motivated in treatment and he's not given up. Instead, he's really kicked into overdrive to try to be productive and to contribute to society,' Isaacson said.
In AP&P's review of the sentencing recommendation from the defense, Isaacson said they did not find the aggravating circumstances mentioned by the prosecution and recommended the jail sentence. She asked for an appropriate jail sentence for Hoffman's actions based on this recommendation.
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Hoffman then addressed Judge Torgerson to share his statement before sentencing.
'Since I was released, I've been engaged in intensive treatment. In that treatment, I've worked on being accountable for what I've done, and also I've learned about the abuse perpetuated through the viewing and sharing of child pornography and just how awful that abuse is,' Hoffman stated.
He shared that he felt guilty about the images and videos he viewed and regretted the impact it had on those child victims. Hoffman said that he was working hard to build a new life in Utah and completing therapy while complying with all restrictions of probation. He intends to start college in the fall if AP&P allows.
'I'm grateful, to some extent, that law enforcement intervened, because I needed help for something real. And it's something that's not — it's not something you can talk about with people, you can't bring it up to your parents, you can't find help normally in society, and unfortunately, I had to confront this problem in the worst way possible,' Hoffman said.
Hoffman concluded by saying there was no justification for what he did, but he was committed to being better, and he was willing to do 'whatever the court sees fit.'
'I've done defense work, I've seen worse. That's not to minimize at all, Mr. Hoffman, what has happened here. You didn't perpetrate those two videos that I saw… what you did was pour all that gasoline on all those fires, because by viewing and sharing those images, you were stoking a problem that just seems to grow,' Judge Torgerson stated.
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Judge Torgerson stated that it was a large problem in Utah, and that he's seen it among young adults with access to social media and phones, and that he's also seen it in older adults who don't have that same access.
'Mr. Stocks' position on this, I think, is well-founded, to say that there's really zero tolerance from his perspective as the county attorney for this kind of behavior. The reality is a little different, and I think the [pre-sentence investigation] takes that into consideration in its recommendation,' Judge Torgerson continued.
He clarified that the pre-sentence investigation's recommendation is created through reviewing similar cases and comparing how those sentencings were handled.
'I can't send everybody to prison who views child pornography. There aren't enough prisons. There aren't enough prisons for people who are severe, extreme viewers of child pornography, like you,' he said. 'I think it's like alcoholism, and you may not, but the compulsion to view child pornography, scientists will say, may or may not be an addiction.'
Judge Torgerson stated that he didn't believe Hoffman's addiction began with CSAM, but rather adult pornography, and that Hoffman had escalated that addiction. He said that Hoffman was not yet a 75-year-old 'Mormon bishop' who is perpetrating on children and grandchildren, and hopes that he will never become that.
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The judge told Hoffman that he was young, he had too much time on his hands, and that he had shown an improvement from who he was when he was 20. Judge Torgerson stated that this was going to be a life-long process, and Hoffman needed to prevent this compulsion and addiction from returning.
'Children get raped because of men like you, who encourage that kind of perpetrating,' he stated. 'I truly do hope what your therapist says is true about you and the work that you've done.'
Judge Torgerson followed AP&P's recommendation and sentenced him to 1 to 15 years in prison, the standard sentence for that felony charge. He then suspended the sentences and placed Hoffman on probation, and gave him credit for time served in jail.
'Does that mean I'm going easy on you here? I don't know. I don't want you to engage in this kind of activity, obviously. You don't want to, I trust. Your parents don't want you to do that… if you violate the terms of your probation, I won't hesitate to send you to prison,' Judge Torgerson stated.
He concluded by reminding Hoffman that this was an opportunity to correct his behaviors and make a difference, but the right to that opportunity could be taken away. Judge Torgerson said he would not hesitate to give the maximum sentence if he saw Hoffman in his courtroom again.
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Utah judge's sentence on child pornography offender sparks controversy, the court's response
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