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Two sexual offenders sentenced to prison terms

Two Carbon County men, who previously entered guilty pleas in sexual assault cases, were sentenced Tuesday in the county court to prison terms by Judge Steven R. Serfass.

State prisonFranklin Derr III, 23, of Lehighton, was sentenced to serve 14 to 36 months in a state prison on a charge of statutory sexual assault.In a plea bargain charges of aggravated indecent assault, indecent assault of a person less than 16, corruption of a minor, and indecent assault were dropped.Derr was arrested by Lehighton police for having sexual intercourse with a then 13-year-old girl. The assault occurred on June 21, 2012, at a residence in the borough.The girl reported the incident to police and claimed Derr had raped her. Derr's attorney, Paul Levy, claimed the sex was consensual.At the sentencing Levy said Derr has battled a drug addiction problem. He said that does not justify what he did but it was something he hoped the court would consider in sentencing. He said since his arrest he has sought help for his abuse problem.Derr told Serfass, "I'm sorry to the victim. I should have asked her age."Serfass said, "You violated her and what you did to her she will have to live with the rest of her life."Serfass said based on all the information supplied in the police report, the presentence investigation report prepared by the adult probation office, and what was stated in court, he felt a state prison term was appropriate.In addition to the jail term, Serfass ordered Derr not to have any contact with the victim, get both a drug and alcohol and mental health evaluation, submit to a sexual offenders evaluation, supply a DNA sample, and makerestitution of $1,000 to the victim's compensation board.Derr, who is in the county prison on a violation, was given no credit for the new sentence.It was noted at the guilty plea proceeding that the charge does not fall under the provisions of Megan's Law.Penn Forest incidentRobert Conde II, 23,of Albrightsville, wassentenced to serve one day less 12 months to one day less 24 months in thecounty prison on two counts of corruption of a minor. The jail term will be followed by two years of probation.A charge of statutory sexual assault was dropped in a plea bargain.Conde was arrested by state police at Fern Ridge for an incident on July 13, 2013. Troopers charged that Conde gave alcohol to a 15-year-old female then had sexual relations with her. The incident occurred in an area along Pocahontas Lane, in Penn Forest Township.Conde underwent an evaluation by the state sexual offenders assessment board and was found not to be a violent sexual predator.Conde told Serfass, "I'm deeply sorry for what happened. It's time for me to grow up."Serfass said he was troubled by a PSI report in which Conde told a probation officer during the interview for the report that he felt the girl had pushed him into the situation.Conde said he knows what he did was wrong and that he takes full responsibility for his actions.In addition to the jail term, Serfass ordered Conde to make restitution totaling $696, get both a D&A and mental health evaluation, have no contact with the victim, zero tolerance imposed on D&A use, supply a DNA sample, render a total of 100 hours of community service, and must register for the next 15 years as a sexual offender under the provisions of Megan's Law.He was given credit for 228 days spent in jail to date on the charge. His request for work release and good time credit was denied by Serfass.Each defendant must also pay court costs, which average about $1,000, and pay a $50 per month supervision fee while on probation or parole.