A 22-year-old man who was convicted of having sex with a 13-year-old Hutchinson teenager he met on Facebook, has been ordered to serve prison time.
Zachary Tague had been given 36-months of community corrections on a 32-month underlying sentence for aggravated indecent solicitation of a child. He entered the plea back in June of 2010 in front of Judge Joe McCarville as part of plea agreement with the state. He had been charged with rape, even though the sexual conduct was consensual.
The state has now filed a motion claiming he violated his community corrections.
According to the court filing, Tague was given a polygraph test on December 16 2011, that showed he was being deceptive regarding conduct with a 10-year-old child. Tague is alleged to have grabbed the hand of the child, but was afraid of the sexual thoughts he was having.
There were also allegations of Tague having unsupervised contact with a two-year-old, and an online chat with a 17-year-old.
The state also reported that Tague altered his physiology during the polygraph by moving his lips as though he was counting, but Tague claims he was following his religious faith and was talking in tongues.
Judge McCarville said Wednesday that while his actions did not violate the law, he was given specific instructions not to have unsupervised contact with anyone under the age of 18.
Judge McCarville ordered the 32-month sentence to be served.
