Former middle school teacher Kelsey Peterson on Wednesday pleaded guilty to a federal charge of taking a minor across state lines for sex. She will be sentenced in September. She was arrested last November after taking the boy into Mexico. The following is a news release from the U.S. attorney's office in Omaha.
RELEASE
UNITED STATES ATTORNEY'S OFFICE
DISTRICT OF NEBRASKA
JOE STECHER, UNITED STATES ATTORNEY
1620 DODGE STREET, OMAHA, NE 68102-1506
(402) 661-3700
July 2, 2008
United States Attorney Joe W. Stecher and the Federal Bureau of Investigation announce the following information for the attention of the media:
Event Triggering this Release: On July 2, 2008, Kelsey Peterson, age 26 of Lexington, Nebraska, appeared before the Honorable F.A. Gossett, III, United States Magistrate Judge, waived indictment and pleaded guilty to an information charging her with Travel with Intent to Engage in Illicit Sexual Conduct with a Person Under 18 years of Age. The guilty plea arose from Ms. Peterson's relationship with a student at the middle school where she taught.
The plea agreement entered into between the United States and Kelsey Peterson calls for the imposition of a sentence of at least 70 months but not more than 87 months. That is the sentencing range recommended by the United States Sentencing Guidelines for her conduct. Ms. Peterson agreed, as part of the plea agreement, to sentencing enhancements arising from the fact that: (a) the victim was under her custody, care or supervisory control; (b) she unduly influenced the victim to engage in prohibited sexual conduct since she was more than ten years older than the victim; and (c) the offense involved the actual commission of a sex act. As part of the plea agreement Kelsey Peterson agreed with the United States that certain facts would be proven beyond a reasonable doubt in the event her case proceeded to trial. Those stipulated facts are the following:
A. Kelsey Peterson was born on February 28, 1982. F.R. was born on January 16, 1994. During the 2005-2006 school year Kelsey Peterson was a teacher at Lexington Middle School, Lexington, Dawson County, Nebraska. During the 2005-2006 school F.R. was a sixth grade student at Lexington Middle School. Kelsey Peterson was one of his teachers.
B. Following the 2005-2006 school year Kelsey Peterson maintained regular social contact with F.R. to include visits by F.R. to Kelsey Peterson's residence in Lexington. During August of 2006 the relationship between Kelsey Peterson and F.R. became sexual and in November of 2006 Kelsey Peterson first engaged in sexual intercourse with F.R. at her home in Lexington, Dawson County, Nebraska. F.R. was 12 years old at the time of the encounter. F.R. was a student at Lexington Middle School at the time. Kelsey Peterson was a teacher at the school at the time.
C. Following the onset of sexual activity Kelsey Peterson and F.R. engaged in sexual intercourse an average of two to three times per week. The activity occurred primarily at Kelsey Peterson's home in Lexington, Dawson County, Nebraska.
D. In January of 2007 F.R. moved from Lexington and all sexual activity ceased. However, Kelsey Peterson maintained telephonic and written contact with F.R. during his absence and expressed her "love" for him. In June of 2007 F.R. returned to Lexington, Nebraska. The sexual activity between Kelsey Peterson and F.R. resumed at that point with the same frequency as before. The activity, as before, primarily took place at Kelsey Peterson's home in Lexington, Dawson County, Nebraska.
E. In October of 2007 school officials at Lexington Middle School began to question Kelsey Peterson about her relationship with F.R.. On October 24, 2007, Kelsey Peterson was told her school issued notebook computer, which contained correspondence with F.R., was going to be seized. On October 25, 2007, Kelsey Peterson was directed to attend a meeting with school administration officials to discuss her involvement with F.R. At that meeting she was placed on administrative leave. Kelsey Peterson contacted F.R. and told him of her suspension.
F. On October 26, 2007, Kelsey Peterson picked up F.R. at his residence and brought him to her residence in Lexington. While at her home F.R. was contacted on his cell phone by his stepfather who advised that an officer of the Lexington Police Department was looking for him. Kelsey Peterson and F.R. discussed terminating their relationship but concluded they could not. Kelsey Peterson and F.R. then discussed the possibility of moving to Mexico and living "as a couple" in that country. Kelsey Peterson drove to a local bank and withdrew approximately $2,500.00. F.R. remained at her residence and packed belongings.
G. On October 26, 2007, Kelsey Peterson and F.R. departed Lexington, Nebraska, in Peterson's vehicle and headed for Mexico. Kelsey Peterson did most of the driving although she did allow F.R. to drive at times. Kelsey Peterson paid for expenses associated with their travel. Kelsey Peterson turned off her cell phone to avoid tracking by authorities and because her daughter, whom she had left behind, was repeatedly calling her. Kelsey Peterson and F.R. drove west eventually arriving in California where they stayed until on or about October 30, 2007. On or about October 30, 2007, Kelsey Peterson and F.R. crossed into Mexico at the Tijuana border crossing and made their way to Mexicali.
H. Kelsey Peterson and F.R. were intending to make their way to Guanajuato, Mexico. However, they were stopped at a toll booth south of San Luis, Sonora, Mexico, because they did not have appropriate paperwork. They then returned to Mexicali.
I. On or about November 2, 2007, Kelsey Peterson was arrested by Mexican authorities near a mall in Mexicali. F.R. was with her. Peterson was turned over to American authorities and lodged at the Imperial County, California, jail. On November 3, 2007, Kelsey Peterson was interviewed by Special Agents Ribail and Rothrock of the Federal Bureau of Investigation. After waiving her Miranda rights Kelsey Peterson agreed to speak about her relationship with F.R..
J. Kelsey Peterson admitted to the interviewing agents that she been engaged in an ongoing sexual relationship with F.R. which she said had first resulted in sexual intercourse in November of 2006. Peterson told the agents that she believed F.R. was, at the time of the interview, fourteen years of age, (he was actually thirteen), and would turn fifteen within a few weeks. Peterson told the interviewing agents she had utilized cash during their flight to avoid tracking by authorities and that she had insisted to F.R. that they turn off their cell phones for that same reason.
K. Kelsey Peterson told the agents that prior to their flight F.R. would come to her residence where he would stay until approximately 1:00 a.m.. F.R. would then leave as he had to return home before his mother got home from work at approximately 1:30 a.m.. She stated they spent most of their time at Peterson's residence although they did travel together a few times to Kearney, Nebraska. Kelsey Peterson told the interviewing agents that she had engaged in sexual intercourse with F.R. on several occasions after they fled the State of Nebraska. She admitted to engaging in sexual intercourse with him at the Comfort Inn in Grand Junction, Colorado; the Little Inn by the Bay in Newport Beach, California; and at the Virreyes Hotel in Mexicali, Mexico. At the conclusion of her interview Kelsey Peterson told the interviewing agents "I am guilty, I admit it" and added "I am not sure I would change it if I could."
L. Kelsey Peterson removed F.R. from Nebraska without the permission or knowledge of his parents.
M. The sexual activity engaged in by the defendant was unlawful in the States of Nebraska, Colorado and California. The applicable statutes are the following:
Nebraska
First Degree Sexual Assault, Neb. Rev. Stat. § 28-319(1)(c)-Applies when the offender is nineteen years of age or older and the victim is at least twelve years of age but less than sixteen years of age.
Sexual Assault of a Child, Neb. Rev. St. § 28-320.01(1)-Applies when the offender is at least nineteen years of age and the victim is fourteen years or younger.
Colorado
Sexual Assault, Col. Rev. Stat. § 18-3-402(1)(d)-Applies when the victim is less than fifteen years of age and the offender is at least four years older than the victim and is not the spouse of the victim.
California
Unlawful Sexual Intercourse, Cal. Penal Code § 261.5(b)-(d)-Applies when the offender is more than twenty-one years old and the victim is under sixteen years of age.
Sentencing is scheduled before the Honorable Laurie Smith Camp, United States District Judge, on September 29, 2008, at 1:30. Ms. Peterson also faces state charges in Dawson County, Nebraska.
Name of Defendant: Kelsey Peterson
AKA:
Age: 26
City of residence: Lexington, Nebraska
Crime(s) Charged and Potential Penalty (A CHARGE is merely an accusation and every defendant is presumed innocent until and unless proven guilty): Travel with Intent to Engage in Illicit Sexual Conduct. Maximum punishment of up to 30 years, a fine of $250,000, both such fine and imprisonment, a term of supervised release of at least 5 years, and a $100 special assessment.
Specific Location of Alleged Crime: Lexington, Nebraska, Colorado, California and Mexico.
Location of Arrest: Mexicali, Mexico
Alleged Dollar Loss/Type and Quantity of Drug: NA
Others Charged in Same Scheme: NA
Relevant Dates:
Date of Alleged Crime: From October 26, 2007, through November 2, 2007
Federal Arrest Date: November 2, 2007
Date Complaint Issued: November 1, 2007
Indictment Returned Date: November 15, 2007
Initial Appearance Date: November 29, 2007
Information filed and plea date: July 2, 2008
Sentencing Date: September 29, 2008, at 1:30 p.m.
Next Court Hearing Type and Date: Sentencing on
Assigned Magistrate Judge: The Honorable F.A. Gossett, III
Held without Bond, or Released from Custody: Detained in custody
In Continuous Custody Since: November 2, 2007
Assigned District Court Judge: The Honorable Laurie Smith Camp
Initials of Assigned AUSA/Preparer of THIS Release: JWS
