Adam Wagner Sentenced to Five Years Probation in Statutory Sexual Assault Case

A 22-year-old college student will be required to register as a sex offender under Megan's Law requirements as a result of his sentencing Thursday in a felony sexual assault case involving a Pine Township teen.

Allegheny County Common Pleas Judge Jill E. Rangos also sentenced Adam Michael Wagner of Pittsburgh to spend five years on probation with special conditions.

to two felony counts—statutory sexual assault and unlawful contact with a minor—in the case involving a 15-year-old girl from Pine Township, whom he met through Facebook.

Rangos did not specify the special conditions during the court hearing. Such conditions may include treatment and prohibitions against using alcohol, having contact with victims, working or volunteering with children or possessing pornographic materials, according to Mike Manko, spokesman for the Allegheny County District Attorney's Office.

Wagner is prohibited from using the Internet and is permitted to use a computer for word processing only.

The 15-year-old testified at a preliminary hearing in August that she and Wagner got together at homecoming game in October 2010 and then went to her home. She said they had sex after she sneaked him through a window into her first-floor bedroom window.

At Thursday's sentencing, Wagner told the judge he took responsibility for his actions and apologized for them.

"I know that I made a huge mistake (and showed) poor judgment and a very poor choice," Wagner said in a voice that often quavered. "I'll respect your decision, but sometimes people make bad decisions." 

Defense attorney Stanton D. Levenson asked the judge to consider a sentence of probation for his client because of the nature and circumstances of the incident. He referred to a pre-sentencing report and a mental evaluation. 

Levenson said he thought the facts of the case are "unusual," and he noted that his client would not be in this predicament if the sexual encounter had happened nine months later when the girl became 16.

When Levenson pointed out that the 15-year-old victim consented to the encounter with Wagner, Rangos stopped him.

"You're treading on thin ice when you go down that road," she said.

"As a society ... it's important to protect our children," said Rangos, pointing out that youths who are 13, 14 or 15 are subject to peer pressure and eager to be cool.

"They do not have enough experience to make appropriate judgments especially in regard to relationships," Rangos said. "Legislation (in Pennsylvania and other states) has been enacted to protect them from their own bad judgment."

Assistant District Attorney Lisa Carey pointed out that the evidence against Wagner also included nearly 450 pages of Facebook postings in which Wagner made "lewd, offensive" comments to "potential victims."

The prosecutor said Wagner repeatedly attempted to contact girls who were 13, 14 and 15 years old, prompting some of those girls to respond by telling him they were disgusted with his posted comments and that he was suggesting something illegal.

"The Megan's Law requirement is very appropriate in this case," said Carey.

Wagner's attorney, however, pointed out that Wagner has no previous record, attends college, works part-time, has a positive attitude about his life and has a loving, supportive family.

"Adam will forever carry with him a felony record," Levenson said, and he will be required to register for 10 years as a sex offender.

"It's an ugly title, an ugly connotation," Levenson said.

When Wagner's mother, Kathy, testified on his behalf she said he is finishing up schooling at the University of Pittsburgh to become a physical therapist.

A doctor's report concluded Wagner is "emotionally immature, but not a sexual deviant," Levenson noted. The report also concludes Wagner is highly motivated to correct his mistakes and is unlikely to be a recidivist, Levenson said.

Before announcing a sentence, Rangos spoke at length to Wagner.

"Mr. Wagner, the most concerning statements I have heard today is that this was a consensual relationship," the judge said. "It's pretty clear you knew this was illegal (yet) you pushed forward with it."

"You were brought up better than to post vulgar propositions to 13-year-old girls," she continued.

Rangos also warned Wagner that if he violates the terms of probation, she will sentence him to jail.

"Everybody deserves a second chance," the judge said. "But I'll be willing to impose a sentence if I have to protect my community."