A Bettendorf man who pleaded guilty to possessing child sex abuse materials was sentenced to two years on probation as part of a deferred judgement during a hearing Thursday in Scott County District Court.
Benjamin Randall Kluever, 33, had been charged in Scott County District Court with five counts of possession of a depiction of a minor in a sex act – first offense.
Kluever, through his attorney Andrea Yeager, tendered a plea to Scott County prosecutors whereby he would plead guilty to three of the five counts, and the state would not resist deferred judgement.
Kluever’s plea was accepted during a hearing June 9 by District Judge Mark Fowler.
During the sentencing hearing Thursday, District Judge Jeffrey Bert deferred judgement in the case and placed Kluever on two years of probation.
If he completes his probation satisfactorily, Kluever will be released without a judgement being entered in the case, and a conviction will not show on his criminal record.
However, Kluever still must register as a sex offender for 10 years.
Should he fail to abide by the terms of the sentence, he could be sentenced to a five-year prison term on each of the Class D felony charges.
Kluever also must pay fines and fees totaling $4,303.93.
According to District Court records, as part of the terms of his probation, Kluever must have no further law violations, be subject to electronic monitoring and must disclose to probation all of the electronic devices in his possession which can be used to access the internet. He must also abstain from alcohol and illicit drug use and submit to random urinalysis to ensure compliance.
Bert also ordered Kluever to obtain a mental health evaluation and complete sex abuse treatment.
Bettendorf police arrested Kluever on Aug. 12, 2024, after an investigation that began in 2023.
According to the arrest affidavits filed by Bettendorf Police Detective Matt Broders, on Sept. 5, 2023, the National Center for Missing and Exploited Children alerted Davenport police to three separate Google Cloud accounts that had downloaded suspected child sex abuse images.
The Center also issued two additional tips regarding the Google Cloud accounts.
According to the search warrant filed by Broders in connection with the case, the tips were investigated by Davenport police and then by Scott County Sheriff’s investigators. When it was determined Kluever resides in Bettendorf, the case was turned over to Bettendorf police.
The search warrant said that Kluever downloaded hundreds of images or videos of suspected child sex abuse materials on three separate occasions in April and May of 2023.
The images and videos were downloaded to three Google accounts registered to Kluever, according to the arrest affidavits and search warrant.
On May 6, 2024, a search of Kluever’s residence was conducted and authorities seized his electronic equipment. During a post-Miranda interview with police, Kluever admitted to accessing and saving child sex abuse materials on his cell phone.
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