SLAYTON - Tyna Rae Patch, 25, of Slayton, pleaded guilty Monday afternoon to one count of dissemination of pornographic work involving a minor.
Patch’s plea deal would dismiss her second charge of possession of pornographic work involving a minor. A stay of adjudication in the case will keep Patch out of prison if she successfully completes the terms of the agreement. A stay of adjudication will also keep the conviction off of Patch’s criminal record provided she completes her probation.
In the criminal complaint, Patch told a Slayton police officer that she had sent up to six nude photographs of her then-6-year-old daughter to a man whom she denied having met or having had an intimate relationship with for the purposes of his sexual arousal.
In court Monday, Patch confirmed under oath that she had sent nude photos of her child that she had taken herself. She identified the third party on this occasion as a “friend” and confirmed her intent was to generate “sexual arousement.”
Murray County Attorney Travis Smith told Judge Christina Wietzema he’d agreed to the plea arrangement in the case due to the incident occurring over a year ago. Smith said the case had initially been presented to his predecessor who’d opted to pursue the matter as a CHIPS (Child in Need of Protection or Services) case and not the criminal avenue Smith had pursued when he took office. Smith also noted progress had been made in that case.
Patch will be on probation for up to seven years as part of the plea agreement. She agreed to a number of conditions in order to receive the stay of adjudication in the case.
Patch will have to pay all mandatory fees, surcharges and a fine. Community service work may be completed to satisfy the fine.
She will abide by court ordered case plan(s) in the Murray County CHIPS case(s), which currently limits such contact to being supervised with the victim. She will also undergo, pay for, and follow the recommendations of a pre-sentence psychosexual assessment, with credit toward any fine set by the court for out-of-pocket costs associated with the assessment and subsequent recommendations.
Patch will have no direct or indirect unsupervised contact with any minors except her own children, as permitted in her CHIPS files and her cousins, nieces and nephews. She will be permitted to attend ECFE with her children and attend all school functions that involve her children.
She is not to consume or possess alcohol or mood-altering chemicals without a prescription from a licensed physician, and is also subject to random testing to ensure compliance.
Patch agreed to not use, possess or allow the possession or use of sexually explicit material, including through the use of the Internet and/or her cell phone. She will be allowed to access the Internet through a home computer/laptop. The device is to be disclosed to her supervising agent.
Patch’s children will be allowed to have technology devices in the home, but Patch is to abstain from using them. She also agreed that all such devices capable of storing or accessing explicit material in her home, on her person or in her vehicle shall be allowed to be searched by her supervising agent or law enforcement at any time.
Patch is permitted to use her cell phone to text and use GPS or map/driving applications, but is not allowed to text any pictures. She will be subject to random searches to ensure compliance.
Patch’s attorney also said this charge cannot be used as a basis for terminating her parental rights in her other cases.
Wietzema accepted Patch’s guilty plea Monday afternoon and will issue a sentence in the case at a future date. A look at Patch’s criminal history shows a previous conviction in a 2012 Jackson County case of fifth-degree criminal sexual conduct - lewd exhibition - with someone under 16 present, a gross misdemeanor. Two felony charges of third-degree criminal sexual conduct with a victim 13-15 and fourth-degree criminal sexual conduct with a victim 13-15 were dismissed.
