Press Release from Kootenai County Prosecutor’s Office
December 9, 2024 — Brandon Tyler Ove, 27, was convicted of Sexual Exploitation of Children by Possession of and Distribution of Sexually Exploitative Material (Child Sexual Abuse Material, a.k.a. Child Pornography). The charges stem from a Cybertip law enforcement received indicating Ove had possessed and distributed several images of child pornography. After obtaining a search warrant, officers searched Ove’s phone and located evidence indicating Ove had possessed hundreds of images and videos depicting child pornography as well as evidence indicating Ove had distributed the material over the internet. Some of the material Ove possessed involved infant and/or toddler children. Possession of Child Pornography is a felony, punishable by up to 10 years in prison. Distribution of Child Pornography is a felony, punishable by up to 30 years in prison. Ove was sentenced on December 5, 2024, by District Judge Ross Pittman.
The Supreme Court of Idaho has articulated four objectives of criminal punishment that Courts must consider when handing down any sentence. The primary objective is the protection of society. The remaining objectives are deterrence of the individual and the public generally, possibility of rehabilitation, and punishment or retribution for wrongdoing. These are the same objectives prosecutors consider when recommending sentences to the Court.
When Ove was 13 years old, he committed Lewd Conduct with a Minor Under Sixteen by sexually abusing a 7-year-old child. When Ove was 22 years old, he was convicted of Injury to Child after having sexual contact with a 17-year-old.
Criminals who view and distribute child pornography are not merely viewing and distributing pictures and videos – they are revictimizing the children portrayed in this material. Research has shown that victims of child pornography want sentencing judges to see the harm that was done to them because it helps humanize them. The Kootenai County Prosecuting Attorney’s Office believes that having a judge review the material a defendant was convicted of possessing or distributing assists the judge in issuing an appropriate sentence.
Because Ove plead guilty, this case did not go to trial and the material he was guilty of possessing was not reviewed by the judge. At sentencing, Deputy Prosecuting Attorney Molly Nivison requested that Judge Pittman review some of the material Ove was found to be in possession of. Judge Pittman, however, refused to review the material. Deputy Prosecuting Attorney Molly Nivison then requested a continuance so that she could file a motion to disqualify Judge Pittman from the case, but Judge Pittman denied the motion to continue.
At sentencing, Deputy Prosecuting Attorney Molly Nivison recommended a 10-year prison sentence with no possibility of parole for Possession of Child Pornography and a 15-year prison sentence with parole eligibility after 10 years for Distribution of Child Pornography.
At sentencing, Judge Pittman sentenced Ove to prison for 10 years with parole eligibility after 7 years for Possession of Child Pornography and 15 years with parole eligibility after 7 years for Distribution of Child Pornography.
Prosecuting Attorney Stanley T. Mortensen thanks Deputy Prosecuting Attorney Molly Nivison for prosecuting the case and the Internet Crimes Against Children Task Force for investigating this case. This office will continue to vehemently prosecute the exploitation of children in an effort to help protect and reach justice for the children and their families.
