*Case Was Re-Tried Following Reversal on Appeal

SANTA ANA, Calif. – A now-retired Lieutenant for the California Highway Patrol was convicted today of attempting to commit unlawful sexual acts with a fictitious 13-year-old girl, whom he believed was real, after meeting the girl online and engaging in explicit sexual conversations. He was sentenced to a year in county jail and mandatory sex registration.

Beginning Feb. 12, 2006, Deck initiated contact and engaged in sexually explicit conversations over the Internet with a person he believed to be a 13-year-old girl. The defendant was actually communicating with an adult citizen volunteer from a non-profit organization aimed at protecting children from Internet sexual predators.

Circumstances of the Case

• Over several days, Deck had numerous online and phone conversations with a woman who told him she was a 13-year-old girl. He inquired if the girl liked older men, made graphic sexual statements and sexually suggestive comments about eating pie, and arranged to meet the “victim” in Laguna Beach.
• On Feb. 18, 2006, Deck drove from San Diego County to Laguna Beach with the intention of committing unlawful sexual acts with the fictitious 13-year-old.
• When Deck arrived at the pre-arranged location, he was in possession of a digital camera and key lime pie, and several condoms were located in his car.
• Deck was arrested upon attempting to make contact with the fictitious 13-year-old girl.
• At the time of the offense, Deck was an off-duty Lieutenant with the California Highway Patrol.
• Deck was originally convicted in December 2009 and was sentenced to one year in county jail, five years of probation, and lifetime sex offender registration. Though the conviction was affirmed by the California Court of Appeal, it was ultimately reversed by the federal 9th Circuit Court of Appeal, resulting in the need to re-try the case. Deck had already served his original sentence, so he was immediately re-sentenced with credit for time served, including the re-imposition of sex offender registration pursuant to Penal Code 290.