Eli Luke Rivas

Eli Luke Rivas

POCATELLO — An 18-year-old man was recently arrested after police say he engaged in sexual acts with a 12-year-old girl.

Eli Luke Rivas, of Utah, has been charged with rape, lewd conduct and possession of Adderall, all felonies, as well as possession of marijuana and drug paraphernalia, both misdemeanors, following a Pocatello police investigation this week.

The incident began to unfold on Monday while police were assisting juvenile probation officers who were investigating a separate matter and were informed that witnesses may have observed Rivas engaging in sexual acts with a girl that “looked very young,” according to a Pocatello police report and other court records the Idaho State Journal obtained this week.

Officers located Rivas and the girl at a residence and separated them for questioning, police said.

The girl told officers she had met Rivas online, that he knew her age and engaged in sexual acts with her, according to police.

While searching Rivas, officers found marijuana, drug paraphernalia and Adderall pills for which he did not have a prescription, police said.

Rivas initially denied the allegations but later admitted to police that he had engaged in sexual acts with the girl, court records show. He told officers he knew the victim was 12 years old, according to the report.

The age of consent is not defined in Idaho law but it is referenced in rape statutes. If a person 18 years or older engages in sexual acts with a child under 16, it is rape under Idaho law. Further, it is also rape if a person who is three or more years older engages in sexual intercourse with a child who is age 16 or 17, according to Idaho code.

Following the investigation, Rivas was arrested and booked into the Bannock County Jail in Pocatello on the felony and misdemeanor charges, police said.

Rivas appeared before 6th District Magistrate Judge Eric S. Hunn for an arraignment hearing on Tuesday where his bond was set at $200,000 and he was ordered to have no contact with the victim or anyone under age 18, court records show.

He is scheduled to appear in court again on Jan. 27 for a preliminary hearing. Prosecutors will attempt to present sufficient evidence to elevate the case from magistrate to district court for trial.

If he’s convicted, the felony adderall charge carries a maximum penalty of up to seven years in prison and a fine of up to $15,000 and each of the rape and lewd conduct charges carry a maximum penalty of up to life in prison and a fine of up to $50,000.

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