In June 2009, Clinton Simmons, now 23, engaged in an affair with a girl between the age of 12 and 15. The precise age was redacted from the police report. She was a youth counselor at a band camp, he was an assistant director.

The police report states that Clinton was invited to the girl's Pembroke Pines home in February and the two had consensual sex while no one else was home. The girl's mother learned about the encounter by reading her daughter's journal in late April. She called police and a report was filed.

Soon after the percussionist was arrested.

Clinton Simmons was originally charged with three counts of lewd or lascivious battery on a victim between the ages of 12 and 15. Each count carried a maximum penalty of 15 years in prison.

The drummer pleaded no contest to three reduced counts of child abuse. According to his defense attorney, the plea deal hinged on the nature of the relationship: "It was nothing forced. It was all consensual".