Sex Offender gets 60 days, Tier II registration and tough community sanctions
By Bob Robinson 

GREENVILLE – On July 11 Zachary D. Moore received 60 days in jail with work release, 60 hours of community service, $3,000 in fines, and supervision for the legal maximum 60 months from the court of Common Pleas Judge Jonathan Hein. He is also required to register as a Tier II Sex Offender. 

Hein said the Court has a lot of discretion. 

“Prison is not the best option,” he said, noting the defendant has a good job and is paying restitution. Moore had pleaded guilty to two Fourth Degree Felony charges of unlawful sex with a minor over the age of 13 but under the age of 16. Moore could have received consecutive prison sentences of up to 36 months. 

The defendant admitted to two counts of befriending a minor child on social media under an assumed identity then meeting her for sex. During testimony it was noted these meetings happened more than twice. 

Moore’s defense attorney William F. Kluge said his client had gotten caught up in the social media and other online opportunities. He was another example of a dozen cases he’d seen in the last few years. 

“It never would have happened but for these devices,” he added. 

“Don’t push me!” Hein said. “I’m not going to give you the slack that you want. Don’t cross the line! Otherwise you won’t like the outcome any more than you might like this now.” 

Hein told Moore he could still end up in prison for the full term allowed by law, plus additional charges, if he breaks the rules. 

The judge told him he’ll have two and a half pages of rules to follow plus whatever his home Lawrence County requires for felony offenders, registration as a Tier II Sex Offender, a required DNA sample, no alcohol or drugs plus random urinalysis. He will be required to continue individual counseling with a pastor of his choice, plus weekly attendance to a church of his choice. 

He was ordered to pay $3,000 in fines. 

“I’m keeping your job for you,” Hein said. “That’s the cost.” In addition Moore will have to continue paying restitution to the family as required. 

Prior to sentencing, Moore’s pastor and members of his family made statements on his behalf. It was noted this was a first offense and he had been receiving counseling. Kluge said he confessed to his crime and is aware that he has wreaked havoc on two families. 

“Here is a man who will accept responsibility for his actions,” Kluge added. 

Members of the victim’s family were blistering in response. Among other comments… 

“Are you sorry you got caught, or really sorry?” 

In imposing the sentence Hein told Moore most of society’s morality is self-imposed. 

“This was not something out of impulse,” he added, noting Moore had to drive four hours each way to commit his crimes. “Where does it kick in when you are on your own?” 

Hein questioned the comments that Moore had a moral upbringing. 

“Where is the ‘check’ you have to have the rest of your life? I don’t know where it is.”

Hein commented that the psychological evaluation indicated Moore was a low risk for recidivism. 

“Low risk doesn’t mean you won’t,” Hein said. He noted the choices available today, including magazines, pornography, Internet and other obscene materials. 

“Violate the rules? Up to 15 months for each offense.” 

Moore’s attorney questioned the 60 days jail time and registering as a sex offender in both Darke and Lawrence counties, indicating an appeal might be possible. Hein refused to stay the orders. 

“When do you expect the jail time to begin?” Kluge asked. 

“As soon as Lawrence County will take him,” Hein responded. 

Published courtesy of Blue Bag Media