The presumptive sentence facing Michael Bergum for having sex with a 15-year-old girl was 70 months in prison. This week, the Stillwater mortgage broker was given probation and ordered to spend 90 days in jail.

In 2018, officials accused Bergum, 47, of Stillwater, of picking up the girl at her house in Maple Grove on Sept. 10, 2018, and taking her back to his place on Lakeside Drive where they had sex.

Bergum was convicted 10 years earlier on charges of criminal sexual conduct and furnishing liquor to minors after admitting he inappropriately touched friends of his then-teenage daughter at underage drinking parties at his house in Bayport. The girls were 16 and 18 at the time.

In the more recent case, Bergum was charged with two counts of third-degree criminal sexual conduct, one alleging a man older than 24 having sex with someone less than 16 years of age and another alleging he used force or coercion to engage with sex with the then 15-year-old girl.

He was convicted in October on the underage count, but the using-force count was dismissed.

On Wednesday, Washington County District Judge John Hoffman sentenced Bergum to a stayed seven-year prison sentence for the next 15 years and set a number of conditions.

Among the conditions: Bergum must serve 90 days in jail, complete a sex-offender treatment program and cannot have unsupervised contact with minors or vulnerable adults, excluding his own daughter.

He also will have to register as a predatory offender for the remainder of his life, cannot use internet chat lines, internet dating services and/or social media or networking websites unless approved by his probation officer, and his computer or other electronic devices are subject to random searches.

PROSECUTORS: ‘VICTIM IS JUST DEVASTATED’

Based on Bergum’s criminal history and the severity of the crime, the presumptive sentence was 70 months, or 5.8 years, said Assistant Washington County Attorney Marc Berris.

“That is what we asked for and that is also what Washington County Community Corrections recommended,” Berris said. “The victim is just devastated. I have great respect for Judge Hoffman, but I’m disappointed by this particular sentence.”

Hoffman declined comment.

DEFENSE ATTORNEY: ‘SHE CONSENTED’

But Bergum’s attorney, Craig Cascarano, said the downward departure was warranted “given the entire scope of the offense conduct,” he said.

The 15-year-old girl, according to Cascarano, created a profile on Tinder.com, an online dating app, and represented herself to Bergum to “be 20 years old and a student at the University of Minnesota-Duluth.” “She consented to sexual contact and penetration,” Cascarano said. “There was no issue of force or coercion, none of that.”

“It’s unfortunate that the law provides that you can’t use ‘mistake as to age’ as a defense,” Cascarano said.

He continued: “The Court of Appeals or the Supreme Court needs to take a look at what 2020 is all about. People access these websites all the time. There is no fact-checking. Somebody can misrepresent their age and willingly dupe a guy like Bergum into the fact that they believe that she is 20 years old, which she clearly did.”

ADVOCATE: ‘JUSTICE WAS NOT SERVED’

The sentence shocked Karen Edmonds, who is the executive director of Rochester, Minn.-based Project Legacy, a nonprofit that provides intensive support for youth in Minnesota.

Edmonds attended the hearing on Wednesday to provide support to the girl and her family.

“Adult men should not be having sex with underaged girls,” Edmonds said. “Any man who had just completed 10 years of probation for criminal sexual conduct should have asked to see her ID. She was 15 years old. She was wearing braces with rubber bands. The rubber bands were her school colors. Her age should have been questioned. Furthermore, his lack of remorse in court was deeply troubling. Never did he apologize or acknowledge what he had done.”

“Justice was not served yesterday,” Edmonds said. “More harm was done to a young girl who was already shattered.”

HER FATHER: ‘THIS IS A TRAVESTY’

The girl’s father, who asked not to be named, said Bergum’s sentence was a “sucker punch in the gut.”

“We were expecting him to go to prison,” he said. “Instead, he only got 90 days in the county jail … This is a travesty.”