A woman charged with having sex with her teenage son pleaded no contest Tuesday to incest and other felonies in Napa County Superior Court.
Mistie Atkinson, 32, pleaded “no contest” to incest, oral copulation with someone under the age of 18, sending harmful matter and contact with a minor for sexual offense against her biological son, a Napa resident, between October and March.
A plea of ‘no contest’ has the effect of a guilty plea at sentencing though the person neither admits nor deny the charges.
Under the plea deal, Atkinson may be sentenced to four years and eight months in state prison for the crimes against her son who lived with his father, according to court records. With time credit for good behavior, she may be out of prison in two years and four months.
Atkinson, of Nice, Lake County, was investigated for sending electronic messages with sexual content to her 16-year-old son starting in 2011, according to court documents.
The woman, who does not have custody of her son, had left the boy when he was 2 years old, court filings indicate.
Napa County Superior Court Judge Ray Guadagni scheduled sentencing for June 13 after accepting the ‘no contest’ pleas from Atkinson who remains in custody in the Napa County jail.
Prosecutor Lance Hafenstein agreed not to bring additional charges against Atkinson for her conduct through Tuesday. He did so after defense attorney Joe Solga sought assurances in court that his client would not be further prosecuted, saying Atkinson “may have attempted to contact witnesses” from the Napa County jail.
The case was filed in Napa County because many of the offenses occurred in Napa, Hafenstein explained after the court hearing.
Napa police said in court filings that the boy’s phone showed Atkinson allegedly performing oral sex with her biological son and engaging in sexual intercourse with the teenager. The videos were dated Feb. 3 and 4, court records show. The boy also had numerous photos of Atkinson on his cell phone, police said.
Atkinson was arrested on a warrant in March in Mendocino County where she was found in a Ukiah room with her biological son, court documents show.
The father of the boy said in court filings that Atkinson and his son, now 17, began communicating with each other on Facebook and with the telephone starting last September, according to the restraining order the man filed in County Superior Court in November.
Atkinson, the man said in the court document, “had been talking to him in manner that no mother should talk to their son.”
“She started to have a boyfriend-girlfriend relationship with him, not a mother-and-son relationship. It got to a point where their conversation began talking about harming me and killing off her boyfriend she was (now) living with. She was sending him pictures of her body and basically seducing him. The relationship needs to stop and we told both of them but they continue to get in contact with each other. It’s unhealthy and they need to stay apart,” the man said.
The father obtained a restraining order against Atkinson in December, according to the court document.
The Register is not disclosing the man’s name to protect the privacy of the boy.