Cody Ryan Berger, 19, 1608 High St., was sentenced Thursday to five years intermediate punishment for indecent assault of an unconscious 17-year-old victim.
The victim, who was asleep at the time of the offense, "told [Berger] no several times and yet he still proceeded," according to Assistant District Attorney Nicole Ippolito.
Initially charged with rape and sexual assault, Berger's charges were amended to indecent assault as part of a plea agreement with the district attorney's office. Berger must serve the first eight months of his sentence at the pre-release center, where he will be eligible for work release. Classified as a Tier II Adam Walsh offender, Berger also will be required to register as sex offender quarterly with the state police for the next 25 years.
The prosecution asked President Judge Nancy L. Butts to sentence Berger in an aggravated range but Butts denied the request due to Berger's lack of a prior criminal record.
"For someone like yourself who has never been in county prison before, it's a dramatic sentence," Butts told Berger.
Berger submitted to a sex offender assessment and was not found to be a sexually violent predator.
"I'm still trying to better myself," Berger told Butts at his sentencing. The victim was not present and did not submit a victim impact statement.