HUTCHINSON, Kan. — An 18-year-old South Hutchinson man charged with sexual exploitation of a child was scheduled for a preliminary hearing Thursday, but entered a plea to a misdemeanor charge instead.

Jeremiah Nelson was charged with being in possession of a picture on his iPad that depicted naked children between 12 and 16. This crime reportedly occurred on July 24 when someone notified the South Hutchinson Police Department.

The charge is a level five felony with a maximum sentence of over 11 years in prison if convicted.

District Attorney Keith Schroeder says the defense asked for an agreement for him to enter a plea for attempted sexual exploitation of a child. Schroeder then says he was reminded by a detective of a new law passed that went into effect on July 1, 2016. This law would allow an 18-year-old to enter a plea to a Class B misdemeanor for a charge. If he were 19, he would not be eligible.

Nelson entered a plea to a charge of unlawful possession of sexual depictions of a child 12 to 16 years of age. He was sentenced to six months, but then granted one year of probation by Magistrate Judge Cheryl Allen.

This is kind of a bizarre situation because, had the picture been of a 12-year-old and Nelson was 19, he could be looking at a Jessica’s Law sentence of 25 years to life.

But, because he was 18 and the child was older than 12, it allows for the misdemeanor charge.

Schroeder says this has to do with sexting activities of teens. Nelson received a real break because of the 2016 law passed by the Legislature.