Boulder man pleads guilty in child pornography, ‘upskirting‘ case

A Boulder man accused of through a hole in his boot has pleaded guilty to two felonies and a misdemeanor.

Stefan Nethaway, 41, pleaded guilty to sexual exploitation of a child with more than 20 items and sexual exploitation of a child possession of sexual exploitative material, Class 3 and 4 felonies, respectively. Nethaway also pleaded guilty to a misdemeanor count of invasion of privacy for sexual gratification, according to court records.

Nethaway, who is free on $5,000 bond, is set for a sentencing hearing on June 21. Boulder County District Attorney spokeswoman Shannon Carbone said the plea deal stipulates Nethaway will be sentenced to at least sex offender intensive supervised probation, but said any additional jail or prison sentence would be at the discretion of the judge.

The Class 3 felony has a presumptive sentence of four to 12 years in prison, while the Class 4 felony could carry a two- to six-year prison sentence.

Neither of the charges are subject to Colorado‘s indeterminate sentencing laws for sex offenses, but would require mandatory sex offender registration.

In exchange for the plea, prosecutors dropped three other counts of sexual exploitation of a child.

According to an arrest affidavit, the Jefferson County Sheriff‘s Office in August flagged what appeared to be the downloading of child pornography to an IP address in Boulder.

The information was referred to Boulder police, who were able to track the address to a woman living in Boulder. When police on Aug. 28 went to serve a search warrant, they found Nethaway lived at the address with the woman.

Officers recovered Nethaway‘s laptop, multiple hard drives and camera cards at the apartment and a forensic investigation found hundreds of videos of child pornography, some featuring girls as young as 5 years old.

The investigation also turned up hundreds of “voyeur” videos of college-aged women showering or engaging in sexual acts that appear to be taken through windows.

Police also recovered more than 1,000 “upskirt” videos and photos, in which the camera was placed on the ground and used to film up women‘s dresses or skirts.

In an interview with police, Nethaway reportedly admitted he cut a hole in the top of his boot to hide the camera he used to make the videos and photos.

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