Brian Gene Smeltzer was booked at 12:49 AM on Monday, March 5th by Bend Police Department. Smeltzer was booked into Deschutes County Jail in Bend, Oregon.
The 18 year old male was arrested for suspicion of the below crimes:
- 163.405 SODOMY 1ST DEG
- 163.405 SODOMY 1ST DEG
- 163.405 SODOMY 1ST DEG
- 163.405 SODOMY 1ST DEG
- 163.427 SEXUAL ABUSE 1ST DEG
- 163.427 SEXUAL ABUSE 1ST DEG
- 163.427 SEXUAL ABUSE 1ST DEG
- 163.427 SEXUAL ABUSE 1ST DEG
- 167.057 LURING A MINOR
Bail has been set to $610000.0 for Smeltzer which is listed as a 5' 10" male weighing approximately 250 lbs.
Brian Gene Smeltzer was arrested in Deschutes County Oregon and Brian Gene Smeltzer has a presumption of innocence which means that although the person was arrested, they are presumed innocent until proven guilty in a court of law. Presumption of innocence” serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof. For more information in presumption of innocence, wikipedia is a great place to start.
This information is made available by the local sheriff’s office in Deschutes County Oregon. For more regarding the Deschutes County Sheriffs department you can visit their website. They can also be contact them at their contact us page.
Brian Gene Smeltzer is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Sodomy in the first degree.
(1) A person who engages in deviate sexual intercourse with another person or causes another to engage in deviate sexual intercourse commits the crime of sodomy in the first degree if:(a) The victim is subjected to forcible compulsion by the actor;
(b) The victim is under 12 years of age;
(c) The victim is under 16 years of age and is the actor’s brother or sister, of the whole or half blood, the son or daughter of the actor or the son or daughter of the actor’s spouse; or
(d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
(2) Sodomy in the first degree is a Class A felony. [1971 c.743 §114; 1989 c.359 §4]
Sexual abuse in the first degree.
(1) A person commits the crime of sexual abuse in the first degree when that person:(a) Subjects another person to sexual contact and:
(A) The victim is less than 14 years of age;
(B) The victim is subjected to forcible compulsion by the actor; or
(C) The victim is incapable of consent by reason of being mentally defective, mentally incapacitated or physically helpless; or
(b) Intentionally causes a person under 18 years of age to touch or contact the mouth, anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person.
(2) Sexual abuse in the first degree is a Class B felony. [1991 c.830 §3; 1995 c.657 §12; 1995 c.671 §10]
Luring a minor.
(1) A person commits the crime of luring a minor if the person furnishes to, or uses with, a minor, a police officer posing as a minor or an agent of a police officer posing as a minor, a visual representation or explicit verbal description or narrative account of sexual conduct for the purpose of inducing the minor or purported minor to engage in sexual conduct.(2) A person is not liable to prosecution for violating subsection (1) of this section if the person furnishes or uses a representation, description or account of sexual conduct that forms merely an incidental part of an otherwise nonoffending whole and serves some purpose other than titillation.
(3) In a prosecution under subsection (1) of this section, it is an affirmative defense:
(a) That the representation, description or account was furnished or used for the purpose of psychological or medical treatment and was furnished by a treatment provider or by another person acting on behalf of the treatment provider;
(b) That the defendant had reasonable cause to believe that the person to whom the representation, description or account was furnished or with whom the representation, description or account was used was not a minor; or
(c) That the defendant was less than three years older than the minor or, in the case of a police officer or agent of a police officer posing as a minor, the age of the purported minor as reported to the defendant at the time of the alleged offense.
(4) Luring a minor is a Class C felony.
(5)(a) The court may designate luring a minor as a sex crime under ORS 163A.005 if the court determines that:
(A) The offender reasonably believed the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor to be more than five years younger than the offender or under 16 years of age; and
(B) Given the nature of the offense, the age of the minor or purported minor as reported to the defendant and the person’s criminal history, designation of the offense as a sex crime is necessary for the safety of the community.
(b) The court shall indicate the designation and the findings supporting the designation in the judgment.
(6) As used in this section, police officer has the meaning given that term in ORS 181A.355. [2007 c.869 §3; 2011 c.681 §2; 2013 c.293 §1; 2015 c.101 §1]
