Elementary Teacher Arrested On Child Sex Abuse Charges

FILED 09/30/2021
Shirley Faust
CLERK
Missoula County District Court
STATE OF MONTANA
By: Amy
__________________
McGhee
DC-32-2021-0000557-IN
1 BRIAN LOWNEY Marks, Jason
1.00
Deputy County Attorney
2 KIRSTEN H. PABST
Missoula County Attorney
3 Missoula County Courthouse
Missoula, Montana 59802
4 (406) 258-4737
Attorneys for Plaintiff
5
7 MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY
8 STATE OF MONTANA,
Plaintiff, Dept. No ____
9 -vs- Cause No. DC-21-
10 SCOTT MICHAEL HAMILTON, MOTION AND AFFIDAVIT FOR

Defendant, LEAVE TO FILE INFORMATION
11
12 STATE OF MONTANA )
:ss
13 County of Missoula )
14 BRIAN LOWNEY, Deputy County Attorney of Missoula County, Montana, being
15 first duly sworn, moves the Court for leave to file an Information charging the above-
16 named Defendant with allegedly committing the offense(s) in Missoula County of
17 \COUNT I: ATTEMPTED SEXUAL ABUSE OF CHILDREN, a Felony, in violation of
18 Montana law, namely: Mont. Code Ann. 45-5-625;
19 COUNT II: SEXUAL ABUSE OF CHILDREN - POSSESSION OF MATERIAL, a Felony,
20 in violation of Montana law, namely: Mont. Code Ann. 45-5-625.
21 The Motion is based upon the following facts which have been obtained from
22 reports of the law enforcement officers which, if true, I believe, constitute sufficient
MOTION AND AFFIDAVIT FOR LEAVE TO FILE INFORMATION

1
1 probable cause to justify the filing of the charges. The facts from those reports are as
2 follows:
3 On April 22, 2021, the Missoula Police Department received a report from D.J., the
4 guardian of 12-year-old John Doe, that Doe was using online platforms to communicate with
5 adult men in a sexual manner. D.J. indicated that she had recently viewed some shared
6 use electronic devices in she and Doe’s home and found that Doe had sent nude photos of
7 himself to several adult men. D.J. turned over the electronic devices to the Missoula Police
8 Department.
9 Officers searched the electronic devices and found that Doe had communicated with
10 an adult man by the name of Scott Hamilton (later identified as the Defendant) on
11 Facebook. The messages between Doe and Hamilton on Facebook began on April 12,
12 2021 and ended on April 18, 2021. In the messages, the Defendant asked to meet with
13 Doe and told Doe he was “horny”. Doe represented to the Defendant that he was “17”, but
14 also told the Defendant that he went to a local middle school. The Defendant is a teacher at
15 a different middle school and interacts regularly with children of the same age as Doe.
16 During their communications, Doe and the Defendant engaged in a voice chat for
17 approximately 18 minutes. On April 18, 2021, Doe sent the Defendant a video on Facebook
18 Messenger of Doe engaged in sexual conduct. Doe’s genitals are visible in the video and
19 Doe is engaged in sexual acts.
20 On September 30, 2021, officers served warrants on the Defendant’s home. Officers
21 spoke with the Defendant about his communications with Doe. The Defendant indicated
22 that because of his job, he interacts with children between the ages of 8 and 13 daily and

2
1 that he understands what these children look like, how they interact and how they
2 communicate. The Defendant acknowledged that there are “major differences” in those
3 areas between adults and children aged 8 through 13.
4 The Defendant acknowledged that he had communicated with Doe beginning in April
5 2021. The Defendant indicated that their communications began not on Facebook, but on a
6 dating application named Growlr. The Defendant indicated that Doe’s dating profile
7 indicated Doe was 18 years old, but that he became suspicious Doe was a child based on
8 the way Doe interacted and spoke with him. Additionally, the Defendant noted that he
9 viewed pictures of Doe early on in their interaction that depicted Doe’s face. The Defendant
10 reported that while communicating on Growlr, both he and Doe exchanged sexually explicit
11 images. The Defendant indicated the sexually explicit pictures of Doe depicted Doe’s “front
12 side” and “back side” and that he could see Doe had a “little” pubic hair in the pictures. The
13 Defendant indicated to officers that at the time he and Doe were communicating, he
14 believed Doe to be under the age of 18. When officers asked the Defendant how old he
15 believed Doe to be, the Defendant indicated that he believed Doe was “roughly” 14 years of
16 age. Further, the Defendant indicated that when the conversation moved from Growlr to
17 Facebook, he and Doe engaged in a video chat that lasted 20-30 minutes, though the
18 Defendant noted that conversation was not sexually explicit.
19 The Defendant indicated he found Doe attractive and hoped to meet up with him
20 during the time they spoke. Officers questioned the Defendant as to his intentions in
21 meeting up with Doe, and the Defendant indicated he wanted to meet with Doe to “have
22 sex”. The Defendant indicated that while the Defendant appeared to be a child during their

3
1 conversations, the Defendant “hoped” Doe was not actually a child. The Defendant denied
2 that Doe had ever sent him a sexually explicit video and said it was only pictures that he
3 received.
4 However, officers had previously served a warrant upon Facebook and obtained
5 data from the Defendant’s Facebook account on August 31, 2021. In the Defendant’s
6 Facebook messages, the video Doe sent to the Defendant of Doe engaged in sexual
7 conduct was still present, over four months after Doe had originally sent the video.
8 This case is being filed directly into District Court. The State respectfully
9 requests that bail be set in the amount of $100,000 and that a warrant be issued for
10 the Defendant’s arrest.
11 DATED this 30th day of September, 2021.
12
/s/ Brian Lowney
13
BRIAN LOWNEY
Deputy County Attorney
14
15
SUBSCRIBED AND SWORN TO before me this 30th day of September, 2021.
16
17 CRYSTAL ZIMMERMAN
NOTARY PUBLIC for the
State of Montana
18 Residing at Lob, MT
My Commission Expires
April 13, 2022.
19
20
NOTAR UBLIC FO STATE OF MONTANA
21
22

4

Elementary Teacher Arrested On Child Sex Abuse Charges

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FILED 09/30/2021

7 MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

10 SCOTT MICHAEL HAMILTON, MOTION AND AFFIDAVIT FOR

14 BRIAN LOWNEY, Deputy County Attorney of Missoula County, Montana, being

16 named Defendant with allegedly committing the offense(s) in Missoula County of

17 \COUNT I: ATTEMPTED SEXUAL ABUSE OF CHILDREN, a Felony, in violation of

18 Montana law, namely: Mont. Code Ann. 45-5-625;

19 COUNT II: SEXUAL ABUSE OF CHILDREN - POSSESSION OF MATERIAL, a Felony,

20 in violation of Montana law, namely: Mont. Code Ann. 45-5-625.

MOTION AND AFFIDAVIT FOR LEAVE TO FILE INFORMATION

19 Doe is engaged in sexual acts.

MOTION AND AFFIDAVIT FOR LEAVE TO FILE INFORMATION

3 areas between adults and children aged 8 through 13.

18 Defendant noted that conversation was not sexually explicit.

MOTION AND AFFIDAVIT FOR LEAVE TO FILE INFORMATION

10 the Defendant’s arrest.

11 DATED this 30th day of September, 2021.

MOTION AND AFFIDAVIT FOR LEAVE TO FILE INFORMATION

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