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Arcanum resident sentenced for
unlawful
sexual conduct with minor
By
Bob Robinson
GREENVILLE
– On July 29, Zachary
Hunley of Arcanum was sentenced to 30 days in jail, five years of
community
control and registration as a Tier 2 sex offender following a guilty
plea on
two counts of unlawful sexual conduct with a minor, which are Felony 4
offenses.
In
passing sentence Common Pleas
Judge Jonathan Hein noted Hunley was 20, almost 21. Hein asked him if
it had
ever occurred to him that the ages of the girls might be a problem.
“You
don’t go messing with girls
that are too young!” he said. You may know the boundaries now of your
past
acts, but how will you know about them in the future?
He
added he wasn’t always going to
be around. “What’s going to keep you from acting out? It’s pretty
obvious you
don’t think right.”
There
was no disagreement about
conduct, no prior criminal history. Hein noted Hunley was on his own,
has a
job. “This is good,” he said. Recidivism was not deemed likely.
“Just
because it isn’t likely
doesn’t mean it won’t happen,” Hein added. “You are going to have to
learn to
respect all people at all times.”
In
addition to community control,
Hein ordered 40 hours of community service.
“You
broke the law, now you have to
pay society back.” In addition, he ordered a $250 fine, paid out on a
monthly
basis.
Hunley’s
jail sentence allowed for
work release. Tier 2 registration is for 25 years and does not require
community notification. The community control was standard supervision,
not
intensive, and could be shortened.
Hein
told Hunley he could get 14
months for each offense. If he breaks the conditions of his control he
could go
to prison for 28 months, plus time for any new offense.
Hundley,
among other things, is not
allowed to be around anyone under 18 without adult supervision, no
alcohol or
drugs and no sexually explicit materials regardless of method of
delivery.
Felony
4 Unlawful Sexual Conduct
with a minor is defined as being 18 or older and knowingly engaging in
sexual
conduct with someone 13 or older but under 16. The original indictment
included
a charge of rape, a Felony 1 crime involving a person under 13,
regardless of
whether the offender knows the person’s age.
“That
was dropped in the plea negotiation,”
Darke County Assistant Prosecutor Deborah Quigley said. “It was in the
interest
of the child, so she wouldn’t have to testify.”
Hundley’s
defense attorney was
Randall Breaden, Greenville.
Published
courtesy of Blue Bag Media
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