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Plea deal in the works for Garret Schmutzler in dissemination of obscenity case

A plea deal is in the works for Garret Gottlieb Schmutzler, 19, of Minot, who had originally been charged with Class C felony possession of child pornography in one case and Class C felony promoting obscenity to a minor, Class A misdemeanor luring a minor by computer and Class A misdemeanor disobedience of a judicial order.

Under the plea deal outlined by the state and defense on Wednesday, Schmutzler would plead guilty to amended charges that would not require him to register as a sex offender and would receive concurrent deferred sentences for five years on both charges. If he successfully complied with probation conditions, the charges would be dismissed. Schmutzler would also not be allowed to use the internet without permission from his probation officer.

Judge Todd Cresap said Wednesday he wanted time to review the cases file and scheduled another change of plea hearing for Friday.

According to a probable cause affidavit filed with the court in one of the cases, Schmutzler allegedly sent a sexually explicit photo of himself to a 17-year-old girl in November 2020 and had sent her multiple sexually explicit messages via Instagram and asked her to send him nude pictures of herself. The girl told police that Schmutzler is not her friend, she did not want contact with Schmutzler and the images and messages he sent her were unwanted. Schmutzler had also allegedly been harassing other girls, according to the affidavit.

Schmutzler was charged in September 2020 with Class C felony possession of child pornography and was forbidden as a condition of bond to access the internet unless it was for school. According to the probable cause affidavit filed with the court in that case, Schmutzler had downloaded child pornography images, some depicting young children, on a cell phone. He had also viewed adult pornography.

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