Carnival worker gets probation on sex violation

Joshua Nessederine of New Jersey will spend most of the next four years under state supervision for having sex with an underage Havre girl while he was in the area working at a carnival.

Judge Dan Boucher in state District Court in Havre sentenced Nessederine, born in 1989, to four years with the state Department of Corrections with all but 112 days served suspended and designated him a Level 1 Sex Offender, a designation indicating the risk of offending again is low.

Nessederine had sex several times July 18, 2011, with a 15-year-old Havre girl he met at the Havre restaurant where she worked while he was in the area working for the carnival at the Blaine County Fair.

Boucher said he would deviate from the mandatory minimum sentence for the offense because of a doctor's psycho-sexual evaluation of Nessederine, the results of the pre-sentence investigation and the fact that both the prosecution and defense stipulated to the deviation. Montana law normally mandates a four-year minimum prison sentence for statutory rape.

Boucher said the doctor's evaluation and the pre-sentence investigation indicate Nessederine is a qualified candidate for a suspended sentence and can be treated in the community under supervision.

Nessederine was charged when the girl said he had sex with her after she went to a movie with him and some of her friends the day after the Blaine County Fair ended, then went to the residence of one of the friends and played cards and drank alcohol Nessederine had purchased.

She said she intended to go to the house of one of the other friends to spend the night, but after she found she would not be able to, decided to stay at the house where they had played cards and drank.

Nessederine went to the bedroom with her, and although she told him she did not want to, had sex with her four times during the night, the girl said, saying he "insisted that it would be all right. "