Yesterday, we looked at the case of a pedophiliac who was convicted of attempting to have sex with a government agent who he thought was a fourteen year old girl.

Today we look at pedophilia from a different angle. Clyde M. Hall was convicted of pedophilia related offenses in 1989 and 1999. After being release from state custody in New York in 1999 he was immediately arrested and convicted in Federal Court for possession of child pornography. He was sentenced to 63 months in custody and three years of supervised release. He participated in a program while in prison and he was released in 2004. Over the next several years he spent 28 months out of custody. During that time there were no instances of child abuse. His supervision was revoked in 2007 after he had sex with an adult and was found in possession of pornography. He was sentenced to 25 months in prison and 25 years of supervision with very strong conditions placed on his release.

Prior to his release the government moved to have him declared a “sexually dangerous person” pursuant to § 4248(a),” His release was stayed pending a hearing. Two experts testified for the government and one for Hall. All used actuarial tests, psychological tests, and their clinical judgment. But the trial court found that the government failed to prove by clear and convincing evidence that Hall is a sexually dangerous person. Each of three factors must be proved. First, that he has been convicted of pedophilia related crimes. Second that he suffers from a mental illness and finally that he is unable to control himself when around children. There was no question about the first two. But neither the trial court nor the Fourth Circuit Court of Appeals found by clear and convicncing evidence that he was a danger to children. They pointed out that he had not committed a sex act involving a child since 1999, Furthermore there were strong conditions placed upon his release and the consequences of violating the release were severe. Hall understands his illness and he understands the consequences of any failure to follow the conditions of release.