United States Attorney Brendan V. Johnson announced that a Bismarck, North Dakota, man convicted of Abusive Sexual Contact was sentenced on June 9, 2014, by U.S. District Judge Charles B. Kornmann.
Brandon David Wutzke, age 29, was sentenced to 3 months of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Wutzke was indicted by a federal grand jury on December 10, 2013. He pled guilty on February 18, 2014.
The conviction stems from an incident on December 25, 2012, when Wutzke was at his parents’ home in McLaughlin, South Dakota, to celebrate the holidays. Also present in the home was the minor female victim. That evening, Wutzke fell asleep in the living room along with the victim and two other children.
At some point during the evening, the victim awoke to find Wutzke lying beside her, reaching under the victim’s shirt and bra, and touching her inappropriately. Another child in the room began to move around, causing Wutzke to return to his side of the couch. At the time of this abusive sexual contact Wutzke was 28 years old and the victim was 12 years old.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Wutzke is to self-report to the U.S. Marshals Service by June 24, 2014.