Brian Blundell

One of those conditions is that Blundell participate in the Hawai'i Sex Offender Treatment Program until clinically discharged by his treating therapist.

The charges arose out of a July 15 incident in which Blundell was accused of groping an undercover police officer in a public restroom at Kapi'olani Park.

City Deputy Prosecuting Attorney Leilani Ching had asked Lee to sentence Blundell to six month's probation and a $500 fine. Had Lee denied the deferral and found Blundell guilty of the sex assault charge, he would have faced a maximum sentence of up to a year in jail and/or a $2,000 fine.

Ching said Blundell went to a restroom near the Kapi'olani Park tennis courts, approached the undercover police officer and fondled him.

"This kind of behavior should not be condoned," Ching said, adding that Blundell was an elected state representative at the time.

But Blundell's lawyer, Howard Luke, pointed to a pre-sentence report in the case, saying all five key assessment criteria bolstered the deferral request.

"Mr. Blundell clearly understands his behavior was against the law," Luke said.