Florida man gets probation for Mooseheart assault

An 18-year-old from Florida avoided prison time Thursday by pleading guilty to sexually abusing a 12-year-old at Mooseheart in Batavia in January 2010.

James Powell, of Homosassa, Fla., must complete 48 months of sex offender treatment and probation or face up to seven years in prison.

Kane County Judge Allen Anderson accepted the plea, but warned Powell that it was up to the discretion of authorities in Florida on whether to accept the probation and let him come back to the state.

Powell was in a second chance program in Florida for a 2009 burglary.

“This I could consider to be a second chance — it may be your last chance to avoid the criminal justice system,” Anderson told Powell.

Powell has served 169 days in the Kane County jail since his arrest in October and must serve another eight days as part of his sentence. He was indicted in August.

Powell was 17 and a resident at Mooseheart at the time of the offense on Jan. 18.

He was originally charged with predatory criminal sexual assault and criminal sexual assault. The most severe felony of those carries a six- to 30-year sentence without the possibility of probation.

Phone messages left at Mooseheart were not returned Thursday.