A 52-year-old man has been sentenced for using his familiarity with a family to engineer time alone with their daughter. The man then attempted to rape the girl. The entire incident was caught on a motion-triggered video camera or a nanny cam.
John Passaretti has been charged with a long list of crimes for this single incident. He is accused of using a child in a sexual performance, promoting an obscene performance by a child, promoting a sexual performance by a child, two counts of possessing child pornography, and first-degree sexual abuse. He will spend a maximum of six years behind bars and will be required to register as a sex offender once he is released.
Understanding Child Sex Crimes Prosecutions
This man is accused of doing one thing wrong. He essentially attempted to get a child under the age of 18 to pose for a sexually explicit photo. The incident was caught on the nanny cam. Once he did that, there he committed several crimes that violated several laws. Each of these could be charged independently.
In the attempt, he was guilty of soliciting a minor for sexual purposes. It appears that he may have taken two photos of the minor, which would amount to two counts of the production of child pornography. The sexual abuse charge indicates that there was some form of battery on the child, probably unwanted touching.
So this one incident ends up amounting to several different charges under the law, each with its own sentence, including a first-degree sexual assault charge.
Generally speaking, child sex crimes are among the most vigorously prosecuted crimes in any state. Florida’s laws concerning child sex crimes are quite severe. Federal laws regarding the production of child pornography or attempting to solicit children for pornographic material can place a person behind bars for decades. Further, federal law has mandatory minimum sentences that would not have been applied to this prosecution which took place in New York. If it had been a federal prosecution, Hamilton might be behind bars for far longer. As it stands, he’ll spend the next two years behind bars at the very least and be required to file as a sex offender once he is released.
Defending the Indefensible
People often ask, especially when it comes to sex crimes, how otherwise good people can defend them from their crimes. The fact is that our system of law was built on the notion that preserving the rights of the innocent against the government is a very high priority. Not all accusations bear themselves under scrutiny. In cases such as this, where the defendant is caught red-handed, then our job is to ensure that the client receives a sentence that aligns with precedent under the law. We also prevent the government from breaking the law to win prosecutions. So, essentially, our job is to protect Americans from their government, not pedophiles from sex offender registries. In a case like this, the registry effectively becomes a punishment that can reduce the amount of time an offender spends in prison. Those in sex offender registries will never know freedom again.
Talk to a West Palm Beach Criminal Defense Attorney
If you’re facing serious criminal charges, call the West Palm Beach criminal attorneys at The Skier Law Firm, P.A. today to schedule a free consultation and learn more about how we can help.