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Carbon man admits to corruption counts in sexual assault case

A Carbon County man, scheduled to go on trial this week in the county court on sexual-assault related counts, instead entered a guilty plea in two pending cases and faces a state prison term at the time of sentencing.

John Franklin Kuhns, 45, formerly of Weissport, pleaded guilty before Judge Steven R. Serfass to three counts of corruption of a minor, one felony 3 and two misdemeanor 1, and indecent assault, a misdemeanor 2. In exchange for the plea, counts of involuntary deviate sexual intercourse, sexual assault, statutory sexual assault and aggravated sexual assault were dropped.

At the time of his arrest on the charges, Kuhns was a registered sex offender and had violated the conditions of his parole by not registering per Megan’s Law. He was charged with that count and also pleaded to the charge.

State police at Lehighton said Kuhns sexually assaulted a girl while she slept over with friends at his home.

A then-15-year-old girl told police that Kuhns sexually assaulted her on the night of July 5, 2019, as she slept over at his home along with a sibling and Kuhns’ children.

The victim answered questions from police following Kuhns arrest. She told police that on the night of July 5, Kuhns had smoked marijuana with the teens at his home. She said she fell asleep on a couch. She woke up to find Kuhns was sexually assaulting her. She told police that throughout the assault she pretended to remain asleep. Kuhns stopped because he wanted her to go upstairs with him. When she pretended to remain asleep, he threatened to assault her again.

She said Kuhns continued to make remarks about assaulting her until she said “no.” He responded that she should not tell anyone about the assault. She submitted to a rape kit, which troopers sent to be processed at a state laboratory.

Kuhns’ children said they had no knowledge of the incident and denied smoking marijuana with Kuhns.

While in custody, Kuhns allowed police to search his home. They found marijuana in his room and marijuana residue in a container in his children’s room.

During an interview with police, Kuhns said he smoked marijuana on July 5, but did not smoke with the teenagers.

Kuhns is a registered sex offender, having been convicted of sexual offenses in Virginia.

Kuhns has been in the county prison since his arrest in July 2019, unable to post bail. His plea was done via video from the prison.

Serfass told Kuhns, on the felony 3 count, he faces a sentence, in the standard range, of a minimum of somewhere between 15 and 21 months up to 84 months. On the failure to register charge, a felony 3, he faces a sentencing range also of 15 to 21 months up to 84 months. Serfass told Kuhns those terms and the sentencing guidelines on the other counts can run concurrent to each other or consecutive to each other.

He also told Kuhns registration as a sexual offender for the corruption charge is 15 years and for the failure to register count, 25 years.

Assistant District Attorney Brian Gazo said the victim has since moved out-of-state with her family. He said the prosecution of the case became difficult due to her living out-of-state and willingness to return to Pennsylvania in the prosecution of the case.

Serfass deferred sentencing, ordering that Kuhns undergo an evaluation by the state sexual offenders assessment board. He also ordered the adult probation office to prepare a presentence investigation report. Sentencing will probably occur in about 90 days.