Ex-Vol football player gets diversion on sex charges involving teen boy

Josh Briscoe

Photo by Paul Efird

Josh Briscoe

A former University of Tennessee football player accused of sexting a 15-year-old Sevier County boy will avoid jail time and keep a clean record if he says out of trouble for the next two years.

Joshua Briscoe, 24, appeared before a Sevier County Circuit Court judge Tuesday and entered a pre-trial diversion plea.

Briscoe, who prosecutors say has no criminal history, was indicted in July on charges of soliciting sexual exploitation of a minor and solicitation of a minor stemming from an inappropriate text message sent to the boy last year. Briscoe was an assistant coach at Pigeon Forge High School at the time.

Under the law, Briscoe qualifies for pre-trial diversion, which means the charges will be expunged from his record if he completes terms of the two-year probationary agreement. The agreement was prepared by his attorney, Joe Baker, and Assistant State Attorney Tim Norris. Judge Rex Henry Ogle endorsed it Tuesday.

“We felt like it should have been over a long time ago,” Briscoe told the Shelby (N.C.) Star on Tuesday.

Conditions of his probation include that he have no contact with the teen involved in the case. He also agreed not to seek a teaching certificate.

Baker has said the case is the result of authorities interpreting innocent comments in the worst light possible and referred to the text message as locker room banter.

While an assistant coach, Briscoe was accused of sending the inappropriate text message to a member of the football team on Aug. 20, 2009. He resigned shortly after the allegations. According to his arrest warrant, the text message said, “You owe me a lil [sic] action for going off like that,” and then suggested a particular sexual act.

“This statement directly places Mr. Briscoe stating that (the player) owed Mr. Briscoe a sexual favor for ‘going off,’ ” Pigeon Forge Police Detective Rene Kendall wrote in a report.

Kendall speculated that the “going off” comment referred to “some kind of attitude” the player exhibited that Briscoe witnessed. The investigation did not uncover any other improper conduct between Briscoe and the player.

Had Briscoe gone to trial and been convicted he could have faced up to two years in prison.

Briscoe lettered at UT 2005-08. He caught 79 passes for 866 yards and eight touchdowns in his career. He had five career starts at receiver and was active in the Fellowship of Christian Athletes.

Natalie Neysa Alund may be reached at 865-342-6307.

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Comments » 56

govols1234567 writes:

Sex charge? Please dont blow this out of proportion..

NGage writes:

Every time I try to give the KNS the benefit of the doubt about having some kind of agenda against UT, you guys step up and remind me why I begin to feel that way. Let's see...it's the day before signing day, and once again there is an article that could smear the rep of the football program. What is this?...like the 3rd or 4th year in a row now?

Seriously, the KNS is the most anti-homer paper I've ever seen. Yes, you need to keep your journalistic integrity, but some stories can be run at different times and not infringe upon that integrity.

The KNS seems to not only post more negative slanted articles than any other paper I've seen covering their home team....but you also seem to time them for doing the most damage.

gglardon50#417841 writes:

so it's ok that he did it.Just don't report it until AFTER signing day right.
Kind of like it's ok that Pearl is a lier but the Sent.is really the problem for reporting it.

NGage writes:

Oh....and BTW, way to play it all up with the headline. :rolleyes:

That headline, while technically correct, doesn't even begin to accurately reflect what supposedly happened. Yet it does sensationalize it, and portray it in as nefarious light as possible.

Congrats KNS...as they like to say, "stay classy".

NGage writes:

in response to gglardon50#417841:

so it's ok that he did it.Just don't report it until AFTER signing day right.
Kind of like it's ok that Pearl is a lier but the Sent.is really the problem for reporting it.

Hey, it is what it is: a follow-up to a secondary story that would typically be buried in the middle pages of the local section somewhere.

Of course, the KNS chooses to post it front and center in the sports section the day before signing day.

Again....they have set a pattern over the last few years with stuff/articles like this.

Bigger_Al writes:

Sure, they have the right to report it, but they should keep it in perspective. This is as close to a complete dismissal as possible, and look at the headline. Could it have been more slanderous and be fit to print in a family paper? In July, KNS left his picture and a similar headline up front as the first thing you see for 3 or 4 days over a weekend.

hystericalsociety writes:

So, is he a now registered sex offender, or not?

cst1#422714 writes:

Slander means "words falsely spoken that damage the reputation of another."

A true statement cannot be slander.

The headline reads "Ex-Vol football player gets diversion on sex charges involving teen boy."

Truth = He is an ex-Vol football player.
Truth = He received a diversion.
Truth = He was charged with a sex crime.
Truth = He was charged with committing the said crime against a teenage boy.

The KNS headline was not the least bit slanderous.

gbrown2 writes:

in response to hystericalsociety:

So, is he a now registered sex offender, or not?

No, he would have to be convicted of the sex crime against an underage male.

DeerPark12 writes:

in response to hystericalsociety:

So, is he a now registered sex offender, or not?

He is not.

Only if he breaks the conditions of his diversion and has the judgment entered against him would the possibly for registration come up.

gbrown2 writes:

in response to cst1#422714:

Slander means "words falsely spoken that damage the reputation of another."

A true statement cannot be slander.

The headline reads "Ex-Vol football player gets diversion on sex charges involving teen boy."

Truth = He is an ex-Vol football player.
Truth = He received a diversion.
Truth = He was charged with a sex crime.
Truth = He was charged with committing the said crime against a teenage boy.

The KNS headline was not the least bit slanderous.

I agree with you 100%

A1A writes:

in response to cst1#422714:

Slander means "words falsely spoken that damage the reputation of another."

A true statement cannot be slander.

The headline reads "Ex-Vol football player gets diversion on sex charges involving teen boy."

Truth = He is an ex-Vol football player.
Truth = He received a diversion.
Truth = He was charged with a sex crime.
Truth = He was charged with committing the said crime against a teenage boy.

The KNS headline was not the least bit slanderous.

Duke didn't say the headline was slanderous. Read his post again...

gbrown2 writes:

in response to pauljcb#205846:

(This comment was removed by the site staff.)

Perversion would be the operative word.

NoMoreWooAfterGoodOleRockyTop writes:

(This comment was removed by the site staff.)

jimbotn writes:

It is news to me when a current UT athlete does something news worthy. The athletic department staff have some responsibility for guiding these young men and women. Once they have severed their ties through graduation or otherwise, it is no longer relevant that at some point in their past they were athletes at UT. How thick would the paper be if every story started with, "Former high school.....cheerleader, basketball player, etc. ect.

VOLliven2it writes:

A guy made a huge mistake. He has shown remorse although I do not know him enough to confirm that it is sincere. The thing is settled. It appears he can get on with his life. For heaven's sake, he is no longer with the Volunteer football program. The court deal happened today so they throw it out there. If that is all it takes to keep recruits away, so be it! As for the KNS, I have only two words to show where they are coming from, John Adams. I say no more!

NO_DIGGITY writes:

in response to gglardon50#417841:

so it's ok that he did it.Just don't report it until AFTER signing day right.
Kind of like it's ok that Pearl is a lier but the Sent.is really the problem for reporting it.

Could someone please translate the above post? If I am not mistaken you just called Pearl a town in the Netherlands.

http://en.wikipedia.org/wiki/Lier,_Be...

Fortunately none of this will have a bearing on who will or will not sign with UT tomorrow.

antivol writes:

in response to NGage:

Every time I try to give the KNS the benefit of the doubt about having some kind of agenda against UT, you guys step up and remind me why I begin to feel that way. Let's see...it's the day before signing day, and once again there is an article that could smear the rep of the football program. What is this?...like the 3rd or 4th year in a row now?

Seriously, the KNS is the most anti-homer paper I've ever seen. Yes, you need to keep your journalistic integrity, but some stories can be run at different times and not infringe upon that integrity.

The KNS seems to not only post more negative slanted articles than any other paper I've seen covering their home team....but you also seem to time them for doing the most damage.

Blame the "paper" and not the "player" for smearing the rep of the football program? Are you serious? Was the football program guilty of "sexting" to a teenage CHILD? Hear is a thought, have the past, present and future players quit breaking the law!!! If that was to happen then perhaps the "anti-homer" paper would not have anything to report against the football program. I wonder if a vol football player raped or assaulted a child in your family, would you want it not reported to avoid harming your precious vol football team??

LiveFaith writes:

in response to DukeDeLuca:

(This comment was removed by the site staff.)

Slanderous? If you are offended at him for being slanderous, then are you 100% CERTAIN that what he is saying is ABSOLUTELY NOT true? If his story is true, then you are slandering him. Right? Get it?

Unproven and untrue are two DIFFERENT things. Think about it.

Just FYI, because it appears you are dedicated to snuffing out slander wherever it my exist.

GardenGnome writes:

in response to NoMoreWooAfterGoodOleRockyTop:

(This comment was removed by the site staff.)

Hehehehe.... He's just lookin' for a "li'l action".

I don't like "woo" after "Rocky Top" either. Both would not have happened back in the good old days in Vol Nation.

orangecountyvols writes:

Vols,

Whatever.............news like this is disappointing, right or wrong.

Sometimes I do wonder if the KNS might want to adopt a 'dead period' around recruiting dates for their earth shattering news, much as the restrictions on the coaches having to uphold.

We do know Adams has to bite his tongue to write something on a positive note about the Vols.

Jimmy Hyams? When you listen to him sitting right next to a U T alum, John Wilkerson, it is interesting to wait and see if some complimentary language will unfold. At times he does do this, so maybe Jimmy is mellowing a little bit.

Ktow55 writes:

in response to NGage:

Every time I try to give the KNS the benefit of the doubt about having some kind of agenda against UT, you guys step up and remind me why I begin to feel that way. Let's see...it's the day before signing day, and once again there is an article that could smear the rep of the football program. What is this?...like the 3rd or 4th year in a row now?

Seriously, the KNS is the most anti-homer paper I've ever seen. Yes, you need to keep your journalistic integrity, but some stories can be run at different times and not infringe upon that integrity.

The KNS seems to not only post more negative slanted articles than any other paper I've seen covering their home team....but you also seem to time them for doing the most damage.

I like how you talk about integrity. So let me get this right, they are not supposed to run this story because it will hurt recruiting? Thats like saying you shoulnt report a political scandal because it hurts re-election. Here is a thought, how about our student athletes quit acting like idiots and thugs (robbing drug dealers, robbing people in front of convenient stores, selling drugs, trying to solicit underage boys, etc.) and maybe there wont be things to report about.

tennrich1 writes:

in response to gglardon50#417841:

so it's ok that he did it.Just don't report it until AFTER signing day right.
Kind of like it's ok that Pearl is a lier but the Sent.is really the problem for reporting it.

I honestly tried to read your post and make sense out of it...read it three times....makes absolutely no sense...Try again....maybe its just me..

Hounddog writes:

Off point but Cameron Clear just announced he will become a VOLLLLLLLLLLLLLLLLL!
Hounddog

cst1#422714 writes:

in response to A1A:

Duke didn't say the headline was slanderous. Read his post again...

The response was to Bigger_Al -- I'm not sure why it didn't indicate that.

kickinc11 writes:

"you owe me a lil action for going off like that" wasn't that what he said? I don't see the sexuality in that message myself and I think the whole thing was blown out of proportion. Seeing as how the kid was an athlete, action could mean laps, sprints, or anything but who knows. It is vague at best and defnintely didn't merit anything more than a diversion. Something small has stained his name forever and I hate that for him. To those refering to the football program being at fault, this has nothing to do with them or the University. He had graduated, he had a job, and its not UT's responsibility to be sure its graduates don't make any mistakes forever. He is an EX-VOL player, so what he does after should have no reflection on the University as its not their fault. Plenty of college grads make mistakes.

KCHS63 writes:

One text message. Three charges. Huh?

TNVOLNTX writes:

in response to pauljcb#205846:

(This comment was removed by the site staff.)

"Typical Homer response" ? Sounds a bit stereotypical, but ok. And Yes Paul, I do "wonder why this stuff happens"...

You seem to be suggesting that it's the fault of the "Homer" Tennessee fan base, or perhaps the coaches, or perhaps the KNS, or society at large, or anyone other than the one true person responsible, Josh Briscoe. Your response ignores the fact that 99% of the thousands of athletes who have ever played for Tennessee, and were also afforded the same accolades and advantages heaped upon Briscoe, aquitted themselves with pride, class, and dignity and without committing a crime. Your response is the "Typical" blame-shifting, irresponsible, finger pointing response so prevalent in today's society.

I'd much rather be a "Homer"...especially one wearing Orange.

Go Vols!

CoverOrange writes:

The operative word in today's forum is "libel," not "slander."

I don't think Josh is a bad guy. I think he just forgot who the adult was in his job dealing with teenagers. Something a lot of us can learn to remember.

stompintheswamp2 writes:

Who owns/runs/edits KNS sports? Idiots running negative stories during national signing period. HOW FREAKIN DUMB CAN YOU GET. SOMEONE NEEDS FIRED!!!!

RockyTopRenegade writes:

in response to Hounddog:

Off point but Cameron Clear just announced he will become a VOLLLLLLLLLLLLLLLLL!
Hounddog

...and in 25 years when he runs a red light with an expired registration on his car....around National Signing Day...the headline will look like the Lindbergh kidnapping.

stompintheswamp2 writes:

It seems like last year a very similar situation with a negative story during this week. And btw, no one gives a ratsass about Briscoe, so why is this even news anyway? #%$&@^$#(*@&&$#_idiots.

andforhisnexttune writes:

The Baptists are sounding a lot like the Catholics these days. When is it those nuts in Nashville are calling for the end?

Buffalogal writes:

The truth is there was several texts and two boys that he text that came forward. That’s why there are three counts against him. The verdict is fair. He had to plead guilty so if he does this again to another child he will go right to prison. The boys deserve an apology from the Pigeon Forge faculty for the way they were treated when this first came out. The boys were treated like the criminal and ended up transferring to another school. They are heroes for having the courage to come forward. It’s sad that other boys did not have the same courage to come forward when they had the chance. There were several members of the team that actually spent the night at Briscoe’s house for pool parties.

196SVol writes:

If this were a Bammer, a gamecock or a Gator..this would be BIG news and should be discussed with great zeal...correct?

jimr07 writes:

in response to NGage:

Every time I try to give the KNS the benefit of the doubt about having some kind of agenda against UT, you guys step up and remind me why I begin to feel that way. Let's see...it's the day before signing day, and once again there is an article that could smear the rep of the football program. What is this?...like the 3rd or 4th year in a row now?

Seriously, the KNS is the most anti-homer paper I've ever seen. Yes, you need to keep your journalistic integrity, but some stories can be run at different times and not infringe upon that integrity.

The KNS seems to not only post more negative slanted articles than any other paper I've seen covering their home team....but you also seem to time them for doing the most damage.

Amen.

TnDan writes:

in response to kickinc11:

"you owe me a lil action for going off like that" wasn't that what he said? I don't see the sexuality in that message myself and I think the whole thing was blown out of proportion. Seeing as how the kid was an athlete, action could mean laps, sprints, or anything but who knows. It is vague at best and defnintely didn't merit anything more than a diversion. Something small has stained his name forever and I hate that for him. To those refering to the football program being at fault, this has nothing to do with them or the University. He had graduated, he had a job, and its not UT's responsibility to be sure its graduates don't make any mistakes forever. He is an EX-VOL player, so what he does after should have no reflection on the University as its not their fault. Plenty of college grads make mistakes.

If you reread the first report (from July), you'll read that after that he referenced a particular sex act (I assume it's too graphic for a newspaper), so yes the action refered to sex. It was probably just locker room kidding, but he was the adult/teacher, and in this day and age the adult/teacher shouldn't be talking to students like that.

lofter writes:

Did the boy's parents get to weigh in on this diversion?

UkJarhead writes:

This is not a football issue or a Ky vs. Tn issue so don't think I'm bashing the VOLS. But diversion is BS for someone that violated the trust as a person of authority and abused a child. I get speeding tickets and can't get diversion. I have to pay for it for years, but he gets a chance to have off his record if he behaves? It's a joke. Sick.

GoVols025 writes:

in response to UkJarhead:

This is not a football issue or a Ky vs. Tn issue so don't think I'm bashing the VOLS. But diversion is BS for someone that violated the trust as a person of authority and abused a child. I get speeding tickets and can't get diversion. I have to pay for it for years, but he gets a chance to have off his record if he behaves? It's a joke. Sick.

You're presuming Briscoe is guilty of more than using poor judgement in what he texted. But, that's why we have a legal system, to make those judgements.

You might want to look into the facts before you pass judgement. As a Jarhead, you should know better.

GoVols025 writes:

in response to 196SVol:

If this were a Bammer, a gamecock or a Gator..this would be BIG news and should be discussed with great zeal...correct?

You got a Gator candidate that we can discuss with such great zeal? Just bring us one name, not all 20-some who saw the inside of the police station during the Irving Myah regime.

rockytopatl writes:

in response to stompintheswamp2:

Who owns/runs/edits KNS sports? Idiots running negative stories during national signing period. HOW FREAKIN DUMB CAN YOU GET. SOMEONE NEEDS FIRED!!!!

Are there any IQs in positive numbers represented on this board? You want a newspaper to ignore news because tomorrow is national signing day? I guess the newspaper bribed the judge to hold Briscoe's sentencing today.

How please could a story about a former Vol being sentenced in a morals case possibly have any impact on the decision of a football recruit?

Some people's keyboards should be disabled before they hurt themselves.

taylorsvolfan writes:

Something definitely missing from this story. All this just does not come about because of a simple text message.

halloffamebowler writes:

in response to NGage:

Every time I try to give the KNS the benefit of the doubt about having some kind of agenda against UT, you guys step up and remind me why I begin to feel that way. Let's see...it's the day before signing day, and once again there is an article that could smear the rep of the football program. What is this?...like the 3rd or 4th year in a row now?

Seriously, the KNS is the most anti-homer paper I've ever seen. Yes, you need to keep your journalistic integrity, but some stories can be run at different times and not infringe upon that integrity.

The KNS seems to not only post more negative slanted articles than any other paper I've seen covering their home team....but you also seem to time them for doing the most damage.

Don't place blame on KNS.They had no hand as to the trial date being today.They would and should report news as it is happening.Dang,I can't believe some of you.Every thing that happens is the fault of KNS. People are real stupid.

Maybe the KNS should wait a few days to report a game loss so as to not disrespect the University.

Marybytheway (Inactive) writes:

in response to NGage:

Every time I try to give the KNS the benefit of the doubt about having some kind of agenda against UT, you guys step up and remind me why I begin to feel that way. Let's see...it's the day before signing day, and once again there is an article that could smear the rep of the football program. What is this?...like the 3rd or 4th year in a row now?

Seriously, the KNS is the most anti-homer paper I've ever seen. Yes, you need to keep your journalistic integrity, but some stories can be run at different times and not infringe upon that integrity.

The KNS seems to not only post more negative slanted articles than any other paper I've seen covering their home team....but you also seem to time them for doing the most damage.

You are just too stupid for words to describe you.
How can you even think about what is going on in a Football Game when a child has been molested? You are about the most insesitive idiot I have heard of in a while. I would think that you should get your priorities straight. That's what is wrong with the UT Sports Program. It's people like you and the Leaders at UT that turn a blind eye to all the Criminals that they have playing ball just so they can win. My God, don't you people care about anything except a stupid game played by convicts and steroid junkies who can barely spell their names?
It just speaks volumes about your intellect. I guess you are one of those "good ole boys" that would say it's the kid's fault. You are what I call a disgusting idiot.

jawga writes:

in response to workinlikehek:

(This comment was removed by the site staff.)

Yeah sure...totally innocent.

FredFlintstone writes:

"A former University of Tennessee football player accused of sexting a 15-year-old Sevier County boy will avoid jail time and keep a clean record if he says out of trouble for the next two years."

How often does he have to say it? Continuously or like every 15 minutes? Just "out of trouble" or "out of trouble for the next two years"??
Interesting punishment indeed.

Wilhelm16 writes:

I won't speculate on the issue of guilt or innocence. It's none of my business and you can take comments or phrases out of context and make them seem like anything. We don't know what was said prior to the text or what exactly Josh meant. However, BOTTOM LINE: A grown man shouldn't be texting a teenager isn't his little brother, sister, nephew, ect. I don't care if he texted a young man to tell him to be sure to ice his ankle or something. The word is BOUNDARIES, people! Freaking boundaries.

GoVols025 writes:

in response to Wilhelm16:

I won't speculate on the issue of guilt or innocence. It's none of my business and you can take comments or phrases out of context and make them seem like anything. We don't know what was said prior to the text or what exactly Josh meant. However, BOTTOM LINE: A grown man shouldn't be texting a teenager isn't his little brother, sister, nephew, ect. I don't care if he texted a young man to tell him to be sure to ice his ankle or something. The word is BOUNDARIES, people! Freaking boundaries.

Are you serious?

Wilhelm16 writes:

in response to GoVols025:

Are you serious?

Absolutely serious, why? You think it's fine to text young kids?

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