Viewing child porn leads to 25 years of Megan's Law sanctions

Feb. 15--Kyle L. Bauer, who admitted looking at child pornography on his home computer in July 2015, must comply with Megan's Law sanctions for 25 years after leaving state prison, a Schuylkill County judge ruled Tuesday.

Judge John E. Domalakes decided that Bauer, 23, of Tamaqua, is not a sexually violent predator -- a ruling in accord with the recommendation by the state Sexual Offenders Assessment Board -- but still will be subject to the Megan's Law sanctions due to the nature of his crimes.

Bauer pleaded guilty on Nov. 16, 2016, to disseminating photograph or film of child sex acts and criminal use of a communication facility. At that time, Domalakes sentenced him to serve one to two years in a state correctional institution, plus an additional five years probation, pay costs, submit a DNA sample to law enforcement authorities and undergo the SOAB evaluation.

The state police Bureau of Criminal Investigation charged Bauer with having child pornography on his home computer on July 13, 2015.

Bureau officers said they were investigating child porn when they found a file depicting it. The file was linked to a computer at Bauer's residence, according to police.

Police, who in September 2015 seized electronic equipment from Bauer's residence, said the defendant admitted downloading files containing child porn.

"Basically, he was viewing child pornography," Domalakes said Tuesday.

Prosecutors did not contest Domalakes' decision that Bauer is not a sexually violent predator.

Bauer already is an inmate at SCI/Mercer and participate in Tuesday's hearing by videoconference.

The Megan's Law sanctions to which Bauer will be subject require him to provide his name, address, employment, any schools he might attend, registration of any vehicles he owns and other information to the Pennsylvania State Police. Any violation of the sanctions would be an additional crime and subject Bauer to further prosecution.

Megan's Law was enacted in Pennsylvania, numerous other states and at the federal level after the July 29, 1994, murder of Megan Nicole Kanka, 7, in Hamilton Township, New Jersey. Jesse Timmendequas, Kanka's killer, was one of her neighbors and a twice-convicted sex offender; his death sentence was commuted to life imprisonment after New Jersey enacted legislation to abolish the death penalty in that state.

Defendant: Kyle L. Bauer

Age: 23

Residence: Tamaqua

Crimes committed: Disseminating photograph or film of child sex acts and criminal use of a communication facility

Prison sentence: One to two years in a state correctional institution, an additional five years probation and 25 years of Megan's Law sanctions

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