United States Attorney Brendan V. Johnson announced that Kyle Marks, age 29, of Fort Thompson, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 9, 2013, and pled guilty to the Indictment that charged him with Failure to Register as a Sex Offender.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, a mandatory minimum period of 5 years of supervised release, an additional 2 years of supervised release upon revocation, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident wherein Marks failed to register as a sex offender from May 2013 to June 11, 2013. He had initially been convicted in federal court in 2004 of abusive sexual contact with a child and was sentenced to prison as well as being required to register as a sex offender. After release from prison on his underlying charge, he had violations of his court ordered supervision, and remained under the court’s supervision until this year. While placed at a treatment facility in Rapid City to try and help him successfully re-integrate into society, Marks absconded in May 2013 and failed to properly maintain his updated sex offender registry requirements. Marks fled from authorities until he was apprehended on July 16, 2013.
The investigation was conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Marks was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for September 25, 2013.