David Allyn Dokich - Serial Child Rapist / High Risk Sex Offender

Thursday, February 16, 2006

Spitzer's AB 2049 strengthens California’s child porn laws

(Sacramento)- Assemblymember Todd Spitzer (R-Orange) introduced today AB 2049, designed to strengthen California’s child pornography laws. This piece of legislation will allow prosecutors to charge a person with a felony if they have also been previously convicted of distribution or possession of child pornography in any state, federal or military court.

California law defines possession or distribution of child pornography as a simple misdemeanor. Currently, a person with a prior conviction for possession or distribution of child pornography can only be convicted of a felony if the prior conviction occurred in California.

“This egregious loophole in state law has allowed repeat violent sex offenders, who move to or are caught with child pornography in California, to be sentenced as ‘first time’ offenders. This means that these predators will not spend even one day in prison. A study by the Federal Bureau of Prisons showed that 76 percent of offenders convicted of possessing or distributing child pornography admitted to having prior sexual contact with a minor. Sex offenders are some of the most dangerous criminals in California. It is absolutely unacceptable that the hands of our judges and prosecutors are tied when attempting to put these individuals where they belong—behind bars for an extensive period of time,” commented Spitzer.

This bill stems from a 2004 legal case in which Steven Michael Kelly, a truck driver from Nevada who had previously served five years in Arizona state prison for attempted child molestation, was arrested when he attempted to develop pictures containing images of child pornography. A search of his laptop revealed over 600 images and more than 100 videos of child pornography, including one of Kelly molesting a 9-year-old victim at an Anaheim hotel. However, state law precluded charging Mr. Kelly with felony child pornography possession simply because his prior conviction was in another state.

“Anyone who possesses child pornography is showing us what is on his mind, his sick fantasies. I have seen many times over on how perpetrators use child pornography to seduce and lure children and fuel their perversion. Anyone who has a child pornography conviction is on notice that what he is doing is a crime and victimizes children. It is time that the legislature recognizes the seriousness of the crime and removes this absurd loophole to protect children,” said Orange County District Attorney Tony Rackauckas.

“The case of Steven Michael Kelly provides evidence of the inextricable link between child pornography possession and child molestation. We must protect children from these predators, but this loophole could allow countless repeat offenders back on the streets on a simple technicality. Child pornography is a dangerous crime that irreparably damages the children who are exploited by these perverse and dangerous individuals. California can no longer afford to turn these predators back on the streets with a simple slap on the wrist. AB 2049 will ensure that the punishment fits the severity of this crime,” concluded Spitzer.

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Hey Todd, aren't you afraid you are going to make Mr. lots - of - child - porn - is - ok - for - personal -use Leno mad at you?

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