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Updated at 8:32 a.m., Thursday, November 15, 2007

Maui man gets jail time for luring 'minor' in Web chats

By LILA FUJIMOTO
The Maui News

WAILUKU — A 38-year-old Kula man who had explicit sexual Internet chats with an undercover agent posing as a 15-year-old girl was sentenced to a one-year jail term Wednesday for electronic enticement of a child, The Maui News reported.

Noting that the case was the first in the state to go to trial on the charge, 2nd Circuit Judge Joel August allowed Robert J. McKnight Jr. to remain free on $20,000 bail while he appeals his conviction.

McKnight was placed on five years' probation and was required to register as a sex offender. He also was ordered to undergo sex offender treatment.

"The court has some concern that he is not already participating in some type of therapy," August said. "Obviously, there are things that are driving Mr. McKnight which have caused him to fall prey to certain desires which society has found to be inappropriate. He needs help for that."

The judge said he considered the business owner's background and history in sentencing him to probation and a mandatory one-year jail term, rather than the maximum 10-year prison term sought by the prosecution.

McKnight, who was known online as atropical_knight, initiated contact with the state law enforcement agent posing as "Chyla" in an Internet "romance room" on June 13, 2006.

The two were involved in sexually explicit Internet chats and three telephone calls. Twice, McKnight used a Web camera to sexually expose himself and masturbate to the girl while chatting online with her, said Deputy Attorney General Albert Cook. He said McKnight bought an airline ticket for the girl to travel from Oahu to Maui to have sex with him.

McKnight was arrested July 6, 2006, when he went to Kahului Airport to meet the girl.

During a trial in September, a jury found McKnight guilty of first-degree electronic enticement of a child. The charge can be brought when someone uses a computer or other electronic device to communicate with a juvenile and, with the intention of committing a felony, goes to an arranged meeting place.

In 2006, the Legislature required that anyone granted probation for such a conviction be required to serve a one-year jail term.

In arguing at Wednesday's hearing for probation instead of a prison term, defense attorney Chris Dunn said the case was one of "entrapment."

"There was some prompting by the state agent, to say the least," Dunn said.

He argued that McKnight fell into the category of defendants who should receive probation as "someone with no or minimal criminal record, someone whose case involves an agent."

"There's no causing serious harm here," Dunn said.

He said McKnight had the support of family and friends, including about a half-dozen people in the courtroom gallery Wednesday.

Mark Cornelio, who has a son and daughter, said he has known McKnight for 25 years and trusts him with the children.

"Can you please be lenient?" Cornelio asked the judge.

McKnight said he was "ready to take responsibility for my actions."

"It is my feeling that a lot of the things stated by the prosecution were more to attack my character as a good person rather than for the isolated actions in this particular case," he said.

While letters to the court from friends and family described McKnight's "public persona," Cook said the state investigation revealed McKnight's "private side" as he described sexual acts to someone he thought was an inexperienced 15-year-old home-schooled girl.

"He took on the role of sexual teacher," Cook said.

He said McKnight told the person who he believed to be a teenage girl not to tell anyone about their meeting, using the Internet to try to hide what he was doing.

While McKnight was involved in Internet chats with Chyla, he also chatted with another undercover investigator from Maui posing as an underage girl, Cook said.

"The state feels the defendant is a danger to the community," Cook said. "To have him incarcerated is the only way to make sure he doesn't do this again. It would deter others who would exploit use of the Internet."

In allowing McKnight to remain free while appeals are under way in his case, August said conditions could be imposed to minimize the risk that he would harm girls.

The judge ordered McKnight to report his Internet activity to his probation officer and to have no contact with children unless he has permission from his probation officer.

Dunn said an appeal of McKnight's conviction has been filed, with part of the focus on jury instructions because it was the first trial on the charge in the state.

In addition, the state is appealing the earlier dismissal of a charge of third-degree promotion of child abuse based on evidence that was suppressed in the case. That charge alleged McKnight was involved in promoting child pornography.

For more Maui news, visit The Maui News.