Jake MacKenzie Boehm spared jail for producing and possessing child exploitation material

A ‘lonely’ young man who filmed up the skirt of a 12-year-old schoolgirl has been spared jail despite being found with child abuse material.

A “lonely and isolated” young man who filmed up the skirt of a 12-year-old schoolgirl while she was standing with her mother will not spend a day in custody, despite being caught with similar videos.

Jake Mackenzie Boehm, 23, was charged with producing child exploitation material for “upskirting” the young girl on February 12, 2021.

On Tuesday District Court Judge Julie McIntyre said the young victim and her mother had been shopping at Westfield Marion.

“The mother observed you acting suspiciously next to her daughter who was wearing her school uniform,” she said.

“You were holding your phone with the camera facing up her daughter’s skirt. She confronted you and you left the store.

“Police identified you from CCTV and on July 2, 2021 attended your home address and arrested you.”

At the house police seized electronic items including a USB containing the video of the upskirting as well as other, similar videos.

Also located were images of child exploitation, including 12 images and videos of the abuse of children under 14.

Boehm pleaded guilty to charges of producing and possessing child exploitation material.

Judge McIntyre said the young victim was no longer comfortable in her school uniform and was paranoid in public.

“Her feelings are entirely understandable and entirely your fault,” she said.

In an apology read to the court Boehm said that everyone should have the right to feel safe.

Judge McIntyre said Boehm had lived a lonely and sheltered life where he had been responsible for caring for relatives since a very young age and continued to play an integral role in their lives.

“You told a psychiatrist that while you do feel lonely, you do not feel sorry for yourself because there are others worse off than you,” she said.

“You cannot explain why you offended in this way but you are keen to seek treatment.

“(The psychiatrist) said that due to mental health issue and high levels of stress your offending became akin to a hobby in that it was a source of distraction and self soothing.

“Over time your behaviour became habitual and you indulged in it without considering the consequences.”

Judge McIntyre said a charge of indecent filming of a minor would have been more appropriate that producing child exploitation material.

Under current legislation any sentence of imprisonment for that charge must be served in custody.

Judge McIntyre said that given Boehm’s young age, contrition, lack of criminal offending and his carer role within his family would have led to her imposing a suspended sentence.

Rather, she convicted Boehm and released him on a two year good behaviour bond.

She made clear to Boehm that if he was to return before the court, he would likely be going to prison.