WAILUKU, Maui — Calling it a troubling and unusual case, a judge ordered five years' probation and no further jail for a Wailuku man convicted of sexually assaulting a 13-year-old girl who claimed to be an adult when they met online through MySpace.

The convictions for Luis Valdivia, 27, were based on the age of the girl, who couldn't legally consent to a sexual relationship because she was younger than 14, 2nd Circuit Judge Joseph Cardoza said.

Before imposing the sentence Tuesday, Cardoza said he had reviewed defense submissions showing suggestive messages and photographs on the girl's MySpace page, which said she was 19 years old. The girl also told Valdivia that she was 19.

"This is very, very troubling to the court that this is happening in our community," Cardoza said. "I don't think it's appropriate to place blame on the minor. ..."

"It presents a very troubling set of facts to the court, and it highlights a problem that communities around the world are going to have to deal with."

Valdivia had pleaded no contest to three reduced charges of second-degree sexual assault and three counts of third-degree sexual assault for sexual contact with the girl in July 2007.

After making contact on the Internet through MySpace, the girl and Valdivia agreed to meet at the Kahului School basketball courts and Valdivia took her back to his apartment, said Deputy Prosecutor Andrew Martin.

"It wasn't just a chance meeting," he said. "They met several times. It's hard to believe the defendant never questioned this girl's age. No matter what she said, nothing changes the fact that she was only 13 years old."

Martin recommended additional incarceration for Valdivia, who previously spent eight days in jail.

"Some kids smoke cigarettes or drink alcohol. Unfortunately, this girl decided to use her sexuality in a way to make her feel older," Martin said. "We have this law to protect children, even from themselves. That's why we have placed the responsibility on the adult, on the grown-up, on the 26-year-old. This girl was only a few years removed from Barbie dolls and training wheels."

But Deputy Public Defender Jon Apo said that mischaracterized the girl. He cited submissions to the court showing that the girl was continuing to represent herself as a 19-year-old and appearing to seek relationships with older men through her MySpace page.

"Even after this was charged, the grown-ups, the authorities, didn't do anything to stop this girl from continuing on with her activities," Apo said.

Friends and family members asked for mercy for Valdivia, saying he helps take care of his daughter and his mother.

"He did not intentionally do this," said his sister, Olga Valdivia. "He was in shock and very embarrassed and ashamed. I hope this shows, even as adults, we need to be 100 percent careful."

"I made a mistake," Valdivia said in court. "I think I've paid the consequences.

"It's been a total wake-up call for me. I don't wish it upon my worst enemy.

"We, as a society, and those involved in the law need to think about how we're going to deal with the realities of the current age, the electronic age."

Valdivia was given credit for the eight days he previously spent in jail and was ordered to participate in sex-offender treatment.