POCATELLO, Idaho — A man charged with rape, kidnapping and production of child porn has reached a plea agreement.

Kadyn Leo Swainston, 18, pleaded guilty to rape at a hearing Monday, court records show. In exchange, one felony for second-degree kidnapping and three felonies for producing child pornography were dismissed.

As part of the plea deal, the prosecutor has agreed to recommend the judge suspend a prison sentence in favor of sentencing Swainston to probation, documents show. The agreement is binding, meaning the judge can choose to reject the agreement before or after reviewing a pre-sentence investigation, but if he does accept the agreement, he will be bound to the agreed-upon sentence.

Kadyn Swainston and his mother, 42-year-old Rachael Marie Swainston, were arrested in October after police investigated reports that Kadyn Swainston had impregnated a 15-year-old, and the Swainstons took the girl to Oregon for an abortion.

The victim told a child therapist during a forensic interview that she and Kadyn Swainston had been involved in a sexual relationship since he was 17, and she was living with the Swainstons. When she became pregnant, the girl said Kadyn Swainston told her if she refused to get an abortion, their relationship would be over. Rachael Swainston, the girl added, told her if she refused the abortion, she would be kicked out and Kadyn Swainston would not pay child support.

Related:

Mother and son charged in rape, kidnapping case inform judges of pending plea deal

A mother and her son charged with kidnapping each pleaded not guilty during their first appearances before a judge, court records show.

Rachael Swainston, who is charged with second-degree kidnapping, is also in mediation working toward a plea deal.

Kadyn Swainston is scheduled for a sentencing hearing before District Judge Rick Carnaroli on July 8.

Rachael Swainston is scheduled to appear in court before District Judge Javier Gabiola on June 3.

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