Judge modifies bond in ICAC case involving Minnesota man

A 37-year-old Minnesota man accused of traveling to Rhinelander to have sexual contact with a person he believed to be a 15-year-old girl had his bond modified Thursday afternoon allowing him to potentially return to Minnesota until the Oneida County case, and a related federal charge, is resolved.
Creighton A. Mithaugen of Faribault, Minn. appeared before Judge Mary Sowinski Thursday afternoon for a bond modification hearing. He has been charged with attempted second-degree sexual assault of a child and using a computer to facilitate a child sex crime. Both charges are Class C felonies carrying a maximum sentence of 50 years incarceration and 30 years extended supervision.
According to the criminal complaint, Mithaugen traveled from his home in Minnesota to Rhinelander to spend Valentine’s Day weekend with a person he believed to be a 15-year-old female. The individual Mithaugen had been communicating with was actually an undercover law enforcement officer. He was arrested in the City of Rhinelander on Feb. 13 after having made a reservation at a local hotel. A specific type of candy, requested by the undercover officer, was found in his vehicle along with items related to sexual activity. According to the complaint, Mithaugen began corresponding with the undercover officer in April 2024 at which time the officer told him she was 14 years old. The complaint includes information about the text communication between the two, including a statement from Mithaugen advising “the teen” that if “she” were to become pregnant he would kidnap her and they would live as a family.
The complaint also states Mithaugen sent explicit photos of himself to the undercover officer and asked for detailed information about her personal relationship history. The complaint also notes that Mithaugen is a registered sex offender due to a conviction for third-degree sexual assault involving a victim between the ages of 13-15.
Mithaugen made his initial appearance in Oneida County Circuit Court on Feb. 16 at which time bond was set at $20,000 cash. Since that time, he has waived his right to a preliminary hearing and filed the motion to reduce bond.
Mithaugen is also facing a federal charge.
On March 11, a grand jury sitting in the U.S. District Court for the Western District of Wisconsin indicted him on a charge of traveling in interstate commerce (crossing state lines) for the purpose of illicit sexual conduct. The charge is related to the same mid-February trip to Rhinelander.
If convicted of the federal charge, Mithaugen faces a maximum penalty of 30 years in prison. He has yet to make a court appearance in that case.
During Thursday’s hearing, defense attorney Brian Severson told the court Oneida County has the primary hold on his client and the federal court hold is secondary.
Oneida County district attorney Jillian Pfeifer opposed the bond modification. She argued that the extended incarceration he’s facing if convicted give Mithaugen a powerful incentive not to make court appearances. She also noted Mithaugen was at least 24 months older than the victim in the Minnesota case.
For his part, Severson told the court Mithaugen’s previous conviction dates back to 2009 when he was approximately 18 years old. He also noted that Mithaugen successfully completed his sentence in that case and is in compliance with Minnesota’s sex offender rules.
Ultimately, Sowinski chose to modify the bond to $15,000 cash as well as a $5,000 surety bond expected to be posted by the defendant’s mother. If released, Mithaugen is required to follow strict conditions including no contact with any child without adult supervision and no use of any device that can connect to the internet. He must live with his mother and adhere to a curfew from 7 a.m. to 7 p.m., the court added, noting that Mithaugen will only be allowed to leave the residence for work (if he finds employment), medical appointments and court appearances. He will also be monitored by GPS, the court ordered.
Before adjourning the hearing, Sowinski explicitly warned Mithaugen that any deviation — or even the appearance of deviation — from bond conditions would result in the cash bond being set significantly higher.
He is due back in Oneida County court in June for a pretrial conference.