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Defendant pleads not guilty to felonies

A Minot woman charged with four felonies for communications she allegedly sent to a minor has been arraigned following her preliminary hearing in North Central District Court on Thursday.

Amber Halena Boothe, 49, Minot, pleaded not guilty to four charges, which include: use of a minor in a sexual performance, a Class A felony; promoting a sexual performance of a minor, a Class B felony; and possession of prohibited materials and luring a minor by computer, both Class C felonies.

Deputy State’s Attorney Tiffany Sorgen established probable cause in the case through testimony from a Minot Police Department detective, who received a report in November from the alleged victim’s parent, who discovered text messages between the victim, then age 15, and Boothe.

Data extractions from the victim’s and Boothe’s phones revealed a number of sexually charged communications and sexual images.

Boothe’s attorney Philip Becher contested the Class A and B felony counts on the grounds they were mischarged, but District Judge Douglas Mattson ruled they fell within the North Dakota Century Code.

Becher also stated his client was resisting the advances of the victim, contesting that the victim sent the image unsolicited. Sorgen disputed this characterization, citing a message Boothe allegedly sent in a text, telling the victim, “Go ahead and send it.”

Mattson ruled the state met the standards of probable cause for the case to move forward to trial and arraigned Boothe on the charges, in addition to two Class A misdemeanor charges for possession of methamphetamine and unlawful possession of drug paraphernalia.

Boothe entered not guilty pleas to all six charges and will appear at a pretrial conference June 12.

Becher also requested a change to Boothe’s bond requirements, which includes twice weekly drug testing that Becher said is a financial burden for his client. Sorgen said the state wasn’t inclined to grant the change, citing prior paraphernalia charges in California and Boothe’s erratic behavior at an aborted preliminary hearing in March, which she said was likely due to being under the influence when taken into custody. Mattson demurred against revising the conditions at this time but said the topic would be revisited at the June 12 hearing.

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