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'Thousands of nude photos were discovered on the iPod': Teenage boys face felony charges

Prosecutors brought three counts of Using Child in Display of Sexually Explicit Conduct against 18-year-old Shea Settlemyer-Giughiano in March. The crime carries a mandatory minimum sentence of 5 years, 10 months under Oregon's Measure 11 sentencing guidelines. Addresses and phone numbers have been redacted.

EUGENE, Ore. - Two teenagers face felony charges after police found an iPod containing thousands of nude photos and videos of female classmates, according to court documents filed in the case.

Prosecutors brought three counts of Using Child in Display of Sexually Explicit Conduct against 18-year-old Shea Settlemyer-Giughiano in March. The crime carries a mandatory minimum sentence of 5 years, 10 months under Oregon's Measure 11 sentencing guidelines.

Investigators arrested Cooper Nicolaysen, 18, April 23 on a charge of Encouraging Child Sex Abuse 2.

The investigation started in February 2017 when a student told police she had been shown nude photos of female North Eugene High School students by Settlemyer-Giughiano, according to an affidavit of probable cause filed in connection with charges against Nicolaysen.

Officer Nick Reich "interviewed Settlemyer and was given consent to view Settlemyer's iPod," Detective Chris Mackey wrote in the sworn affidavit.

"Thousands of nude photos were discovered on the iPod," Mackey wrote. "The majority of photos and videos were of NEHS female students in varying states of nudity."

Detectives identified at least 15 and as many as 20 girls under the age of 18 in the photos, Mackey wrote.

Nicolaysen told Mackey he had been added to a DropBox group online that contained photos of the girls, the detective wrote.

The detective also wrote that Nicolaysen "admitted to stealing nude photos" of a victim off her boyfriend's phone as he slept.

Nicolaysen said he had been part of the DropBox group "for the past year," the detective wrote.

A victim interviewed by the detective said "Nicolaysen sent her numerous nude photos of females apprximately two years ago and requested she send nude photos of herself in return," the detective wrote. The detective viewed the emails and "later confirmed with Nicolayen he sent the nude photos and requested nude photos in return," Mackey wrote.

Neither of the defendants is currently in custody at the Lane County Jail.

Nicolaysen's next court appearance is scheduled for June 22 at 2:30 p.m.

Settlemyer-Giughiano is scheduled to appear in court June 26 at 2:30 p.m.

The charges against Settlemyer-Giughiano, Using Child in Display of Sexually Explicit Conduct, allege he "did unlawfully and knowingly employ, authorize, permit, compel or induce, a child, to participate in or engage in sexually explicit conduct for a person to observe, record in a photograph, record in a motion picture, record in a videotape or record in a visual recording," according to the district attorney's complaint filed in the case.

The charge is a Class A felony.

The charge of Encouraging Child Sex Abuse 2 brought against Nicolaysen is Oregon Revised Statute 163.686.

According to that Oregon law:

(1) A person commits the crime of encouraging child sexual abuse in the second degree if the person:

(a) (A)

(i) Knowingly possesses or controls any photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or

(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; and

(B) Knows or is aware of and consciously disregards the fact that creation of the visual recording of sexually explicit conduct involved child abuse; or

(b)

(A) Knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying the sexual desire of the person, sexually explicit conduct by a child; and

(B) Knows or is aware of and consciously disregards the fact that the conduct constitutes child abuse.

(2) Encouraging child sexual abuse in the second degree is a Class C felony.

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