FARMINGTON -- A convicted sex offender may not have to serve an additional five years in prison if his attorney gets his way.
Steven Shane Tingey, 42, was convicted in 1999 of unlawful sexual intercourse. Tingey pleaded guilty in February to one count of third-degree felony attempted aggravated sex abuse of a child.
His sentencing hearing on that case, as well as two other cases, was Monday before Judge David Connors.
Mark Arrington, Tingey's attorney, asked for a three-week continuance.
Adult Probation and Parole, in its presentence report, recommended that Tingey serve a "mandatory five years" along with whatever Connors ordered.
The reason is that Utah's current law requires convicted sex offenders to serve an additional five years if they are convicted again for another sex crime.
"I'm taking an exemption with that law, which was not on the books at the time of the offense," Arrington said.
According to court documents, Tingey "took indecent liberties with a child" younger than 14, from Jan. 1, 2005, to Dec. 10, 2007. That case was filed in 2009 after the girl reported the abuse.
Arrington said legislators changed the law in 2007 and the current law should not apply to Tingey.
Connors set May 1 for another sentencing hearing, to give attorneys time to discuss the issue and for AP&P to redo the presentence report, if needed.
Tingey had also entered a guilty plea earlier this year to aggravated assault, a third-degree felony. That case was filed in 2007 out of Centerville.
He entered guilty pleas also to bail jumping and failure to register as a sex offender, both third-degree felonies.
Those charges were filed in 2010, after he was found in the attic of a house where the girl lived in Woods Cross. He had started a fire in the house and then hid from police.