By Michael Wheeler and Julia Asby
SACRAMENTO, CA — Pleading no contest to one count of possession of child pornography and two counts of lewd acts with children, Orest Shaynyuk was sentenced to 44 months in prison by Judge Patrick Marlette here Monday in Sacramento County Superior Court.
This is Shaynyuk’s second conviction for sex crimes—he was sentenced to 57 months in prison in 2015 for possession of child pornography. Along with serving time, Shaynyuk must register as a sex offender for the remainder of his life.
Judge Marlette told Shaynyuk that if these sentences were run back to back, his maximum exposure would be “nine years four months in prison with a fine of up to $10,000.”
Instead, Judge Marlette informed Shaynyuk that his total time in prison would be three years and eight months.
While this is a sharp decrease in time, Shaynyuk’s no contest plea results in a strike on his record. If Shaynyuk is convicted of another felony he will receive a mandatory double term in prison because of the previous strike.
Shaynyuk responded to Judge Marlette by saying, “Yes your Honor,” indicating he understood the conditions and consequences of his plea.
While reading the statement of facts, Deputy District Attorney Bruce Chang described how Shaynyuk “contacted the two victims at different times using social media and arranged meetups with them for sexual purposes.”
At the time of the crime, one child was 14 years old, while the other was 14 to 15 years old.
Shaynyuk’s use of social media highlights the vulnerability children face when engaging online with strangers through various social media platforms. Shaynyuk found both of his victims through social media and used those platforms to set up meetings where the crimes in Count 2 and 3 were committed.
While the two counts of lewd acts with children, and the ensuing federal prosecution, date to 2012, the count of possession of child pornography dates to June 2020.
Judge Marlette raised a possible complication to the court, questioning if a so-called “Kellett motion” could apply in this case due to the previous federal prosecution. Kellett motions address whether or not previous prosecutions bar new prosecutions arising from the original case as double jeopardy.
This concern arose from Shaynyuk’s previous prosecution by federal prosecutors for possession of child pornography, dating from the same time of his encounters with I. and G. Doe.
Neither prosecution or defense expressed concern with the issue, to which Judge Marlette replied, “Well, if you guys are both satisfied that there’s not an issue, then I’m satisfied as well.”
Michael Wheeler is a junior at UC Davis, where he studies History and Economics. He is from Walnut Creek, California.
Julia Asby is a third year student at UC Davis majoring in Political Science with a minor in Sociocultural Anthropology. She is originally from Sacramento.
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