54 months in prison for sex offenses

NEWPORT – John William Clark, 31, was sentenced for three crimes involving taking and sending topless pictures of a then 13-yearold girl to her friends on social media in 2022. He was found guilty in a jury trial that took place Jan. 7.

Clark was sentenced to 54 months in prison for second degree sending depictions of a minor engaged in sexually explicit conduct, 43 months for second degree possessing depictions of a minor engaged in sexually explicit conduct and 22 months for first degree voyeurism. Pend Oreille County Superior Court Judge Lisa Malpass followed the prosecution’s recommendations and sentenced Clark to the highest range of the sentencing guidelines for each of the three offenses. The sentences will be served concurrently.

Malpass also imposed a $1,000 mandatory fine and a $500 crime victims legal financial obligation. She waived a $200 court cost.

Malpass presided over the trial and saw the evidence and heard the testimony.

She said there are people who live with trauma from these types of violations.

“I can’t sit here and say you didn’t know any of this stuff was happening. The jury didn’t buy that either,” Malpass said.

She imposed the sentence, which also carries 36 months of community custody and the requirement the Clark register as a sex offender. She also ordered he undergo psycho-sexual/ sexual deviancy evaluation and comply with any treatment recommended.

Prosecutor Dolly Hunt said the crimes were domestic violence offenses because of the relationship between Clark and the victim.

“Obviously kids have a right to privacy and should expect privacy when they’re in the bathroom,” Hunt said. “She should not have been concerned that someone would be taking photographs of her while she was in the bathroom.”

Hunt said it was made worse by the fact that the photos were shared with her friends.

She said the jury found that the acts were intentional. She said there were images found on two separate computer hard drives, as well as an IP address that went back to where Clark was living, information presented at the trial.

She said it took courage for the victim to testify in court.

“This will have long lasting impacts on her,” Hunt said.

Defense attorney Brett Billingsly objected to parts of the presentence investigation. He said he had instructed Clark not to speak to the pre-sentence investigator because of a likely appeal. He also advised Clark not to speak at sentencing.

Billingsley said the presentence investigator had relied on a Pend Oreille County Sheriff’s Office investigative report, not the trial evidence and exhibits. He questioned whether the offender score was arrived at correctly, something Malpass rejected.

Billingsley said Clark had complied with all court orders, had held a job and had no criminal history.

“He does have a right to appeal and that’s something that is likely,” Billingsley said. He advised Clark not to speak at sentencing and asked that that not be held against him.

He asked for a 41-month sentence, the low end of the sentencing range of the most serious crime.

Malpass handed down a 54-month sentence, four and a half years.