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Sex offender faces long prison term

by Jesse Davis
| December 3, 2011 9:23 PM

A 22-year-old Kalispell man was convicted of felony charges of sexual assault and sexual intercourse without consent following completion of his trial Thursday in Flathead District Court.

Sometime between Feb. 7, 2010 and Feb. 9, 2010, Thomas Nichols molested a 9-year-old girl after her brother had left the room where the three were watching “Avatar,” and tried to convince her to touch him sexually.

After a four-day trial, a jury convicted him of the two felonies related to the incident.

Nichols now faces between 25 years and life in prison.

Deputy County Attorney Lori Adams said it was the first time the Flathead County Attorney’s Office has successfully obtained a conviction on a Jessica’s Law case.

The Montana version of Jessica’s Law mandates a minimum 25-year sentence in prison for adults convicted of sexual acts against a victim less than 12 years old. It also bars the suspension or deferral of the first 25 years of the sentence and stipulates that during those years the offender is not eligible for parole.

The offender also is subject to supervision for life and is required to participate in electronic monitoring.

The law — passed in Montana in 2007 — was modeled on the original Florida law passed after the kidnapping, rape and murder of 9-year-old Jessica Lunsford in 2005.

“The jury was out a while and we know they looked through everything,” Adams said. “We were happy ... we believe they came to the right conclusion.”

Nichols’ sentencing is scheduled for Jan. 19, 2012.