Man Who Had Sexual Encounters With A 12-Year-Old Avoids Jail

A San Diego man, who admitted to having sex with a then-12-year-old girl, will avoid jail time.

Judge Michael Washington on Monday sentenced Jeff Nonan Calica, 20, to three years probation as part of a plea deal but could face three years in prison if he violates the terms of his agreement. He will also have to register as a sex offender for life.

Calica originally faced up to eight years in prison.

In October, Calica pleaded guilty to one count of committing a lewd and lascivious act with a child under the age of 14. San Diego Prosecutor Meredith Claterbo told the San Diego Union-Tribune that the plea deal was an agreement all sides found to be “appropriate,” and by pleading guilty early in the trial spared the girl from testifying.

The seventh grader’s mother wrote a letter to the court which said otherwise.

“Giving Jeff [Calica] probation is not punishment. It’s like giving a child a time out with no severe consequences,” the letter read. “[Calica] turned our lives upside down and caused a happy little girl’s life to be ripped out from under her feet and put into a tailspin of depression, isolation and bitterness.”

Judge Washington called the prosecution's offer “generous” and said he wasn’t sure he agreed with it, according to KNSD, an NBC affiliate. Washington said that Calica’s clean record and young age were factors in the sentence.

In addition to registering as a sex offender, Calica must avoid internet sites that are popular with children and teens and must take a lie detector test if asked by his probation officer. Judge Washington warned Calica that a parole violation would land him in jail.

“You'll be in adult prison for child molestation,” he said. “And as you might be aware, that's not the type of charge that you're going to want to find yourself in prison for.”

The girl reportedly learned about Calica through his YouTube page, and the two began communicating. The girl met up with Calica at a parking lot adjacent to her school, Earl Warren Middle School in Solana Beach. It was there that the two allegedly engaged in intercourse in late 2016 and early 2017.

The girl’s family filed a civil lawsuit against the San Dieguito Union High School District and Calica on Nov. 30. The suit claimed that the school was negligent by allowing the girl to use a computer without supervision and leave the school unsupervised.