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Oakley Man Accused of Filming Children in Bathroom Gets 90 Days in Jail, 15 Years Probation

Benjamin Hardy, 39, was charged with three counts of video voyeurism and sentenced to 90 days in jail and 15 years of supervised probation. Police say Hardy filmed prepubescent children in a home's bathrooms and a massage room.

BURLEY • An Oakley man police say video recorded unsuspecting children in a home was sentenced to 90 days in jail and 15 years of supervised probation on Tuesday.

Benjamin Hardy, 39, originally faced 12 counts of felony video voyeurism for recording children in the home’s bathrooms and a massage room.

Hardy instead accepted a plea deal admitting guilt to three of those charges. The agreement also requires Hardy to register as a sex offender and submit a DNA sample.

“It’s evident that pornography addiction led to behavior that brought him in court today,” said prosecuting attorney Doug Abenroth.

Because Hardy doesn’t have a prior criminal record, didn’t actually touch any of the victims and scored low on a psychosexual evaluation that determines the risk of a repeat offense, the strict guidelines of supervised probation “serves the hand of justice,” Abenroth said.

Defense attorney Kent Jensen did not disagree with the plea agreement, saying he is extending trust to Hardy and that he wants his client to “demonstrate he’s worthy of that trust.”

One victim’s parent gave an impact statement. The man, whose daughter was one of the children unknowingly filmed by Hardy, said he nearly didn’t show up to speak in court.

He said it was difficult having to explain to his daughter that she was one of the victims filmed by Hardy. That conversation, he said, was something he never thought he’d ever have to have.

“One of the hardest things for me to do today is stand here in court,” he said. “As I prayed about it, I would not be doing my daughter justice.”

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