A Perrysburg man will spend time in jail after pleading guilty to pandering.
Kyle Bernath, 20, appeared Thursday in the courtroom of Wood County Common Pleas Judge Joel Kuhlman.
In March, Bernath had been indicted for 12 counts of pandering obscenity involving a minor or impaired person.
In November, he pleaded guilty to three counts, all second-degree felonies; and two amended pandering charges, both fourth-degree felonies.
The remaining charges were dismissed.
From Jan. 2 to Feb. 27, Bernath created, reproduced or published obscene material that had a minor as one of its participants or portrayed observers.
Defense attorney Peter Rost said while his client pretended to not know anything about the material then tried to deflect responsibility by saying a person he was online gaming with sent them to him, it is only human nature to avoid and deny.
Bernath knew it was wrong, but perhaps not that it was illegal, Rost said.
He said his client’s mental age is less than his chronological age and his intellectual and social abilities are muted.
“We can change his behavior,” Rost said.
Kuhlman said he was concerned about Bernath’s safety if sent to prison but did impose a seven-day jail sentence.
“I want you to see the environment and realize that is a local institution and not a state prison,” he said.
Bernath will be placed on four years of community control and must complete the youth offender program.
He must wear a GPS monitor for 30 days after being released from jail and have no internet access for 60 days and then no access until approved by his probation officer.
A gaming counsel is OK as long as its contents are approved by adult probation and cannot be connected to the internet, Kuhlman said.
The door to his bedroom is to be removed, he is not allowed contact with any minors under the age of 16, and any earnings he makes are to go into one account. He must provide where he is spending his money.
“I have concerns about your behavior … and I have concerns about your behavior moving forward,” Kuhlman said.
Kuhlman said he was not 100% convinced Bernath understood the seriousness of what could happen to him.
He reserved prison sentences of 12 years for each of the F2 charges and 18 months for the F4 charges if Bernath violates the conditions of community control.
Bernath must register as a Tier II sex offender, which will require him to register every 180 days for 25 years.
A review hearing was scheduled for March 21.
