A Federal Way man who touched a woman inappropriately on a plane will now serve prison time and undergo three years of supervised release following a plea agreement.

On Aug. 1, Desmond Bostick was sentenced to nine months in prison with three years post-release supervision at the Federal Detention Center, SeaTac. Bostick must surrender to serve his sentence before 2 p.m. Sept. 3, 2024. Bostick was originally charged by indictment with abusive sexual contact, but he then pleaded guilty to assault to commit a felony, which does not require him to register as a federal or state sex offender.

“To characterize your conduct as a ‘lapse of judgement’ would be to divorce your conduct from its true ugliness,” said Judge Jamal Whitehead in a news release from the U.S. Department of Justice.

The mandatory conditions of his supervised release state that he must not commit another crime, he cannot unlawfully possess or use a controlled substance, he must cooperate in the collection of DNA, and he must pay his $100 fine. Other conditions of release state that Bostick must have full-time employment, working at least 30 hours a week. He must not have access to any weapons, he must undergo a substance use disorder evaluation, and if recommended by the treatment provider, he must complete an approved outpatient substance use treatment program, he must abstain from alcohol or any intoxicants, and he must have no contact with the victim or her family.

The sentencing memo from the Department of Justice said Bostick appeared to have had a difficult childhood, with abuse from adults in his life leading to substantial time in the foster system, substance use while still in school and eventually dropping out. The memo said Bostick’s difficult upbringing weighs in favor of the agreed recommendation of 9 months in custody, which is far below the guidelines in this case. Despite this, the memo said his sentence was higher than others due to his extensive criminal history, and that weighs heavily against a more lenient sentence. The memo said Bostick’s extensive criminal history includes prior assaults, firearms violations and protection order violations, among other crimes.

The incident which Bostick is now sentenced for occurred June 20, 2023, when Bostick sat in the last row of an Alaska Airlines flight from San Diego to Seattle. Bostick sat in the aisle seat while a woman, who was the victim and a stranger to Bostick, was seated in the middle seat.

According to a plea agreement from the U.S. Department of Justice, Bostick admitted that he touched the victim on the leg, thigh, and buttocks during the flight without her permission. Despite the statement of facts in the plea agreement stating that Bostick assaulted the victim with the intent to engage in sexual contact without the victim’s permission, and having done so to arouse his sexual desire, Bostick’s offense will not qualify as a federal sex offense. The document said it is understood that the state of Washington and other states may classify this conviction as a sex offense.

According to the plea agreement’s statement of facts section:

• At the beginning of the flight, Bostick touched the woman’s knee with his finger, making circular motions. Bostick then moved his finger to the outside of the victim’s thigh, and while continuously making contact, he moved his finger up her thigh between her knee and hip.

• At the end of the flight, the person sitting in the window seat got up to leave the row. Bostick, who was in the aisle seat, and the victim, who was in the middle seat, stood up to allow the person at the window to leave the row. Bostick then intentionally squeezed the victim’s buttocks without permission. Then, when the person at the window seat returned, Bostick and the victim stood up to let them through, and at that time, Bostick intentionally squeezed the victim’s buttocks again without permission.

• Upon landing, the victim alerted the flight crew about the incident, and police began their investigation. Bostick had left the airport at that time, and his location was unknown. The federal grand jury then returned an indictment in the case on Sept. 27, 2023. Bostick was located and arrested by the FBI on Feb. 9, 2024.