A YouTube star who had sex with a 12-year-old girl on two separate occasions during her lunch hour in a parking lot a stone’s throw from her school was spared jail on Monday.
Jeff Calica, 20, was offered a plea deal by prosecutors in San Diego which saw him plead guilty to one charge of lewd and lascivious behavior.
He was arrested in January on two felony sexual assault charges. He posted $250,000 bail shortly afterwards.
In October, he was given a plea deal which meant he would only have to plead guilty to one count of lewd and lascivious behavior.
Calica began speaking to the girl on YouTube and Google Hangouts and drove on two separate occasions for 160 miles to meet her to have sex in the parking lot of the Solano Beach Library which is next door to her school.
Jeff Calica, 20, was spared jail on Monday despite having sex with a 12-year-old twice during her lunch hour in a parking lot outside her school
It is not clear when each of the incidents happened but she was in seventh grade.
The girl told her parents about each instance and they informed police.
The family were outraged by prosecutors’ decision on Monday and even the judge was surprised.
Calica was arrested in January and charged with two felonies but he pleaded guilty to just one charge of lewd and lascivious behavior
He gave Calica a suspended three-year-sentence and strict probation terms which had been set out by the prosecutors and Calica’s defense attorneys.
He must now register as a sex offender and must not use social media sites which are popular among children and teens.
NBC reports that the deal was struck because Calica was non-violent and had no previous records.
The girl’s family however remain outraged by the fact he will not spend time in jail.
In a victim impact statement which they gave to the court to avoid such a scenario, they said: ‘Your actions and assault [have] turned our lives upside-down and caused a happy little girl’s life to be ripped out from under her feet and be put into a tail-spin of depression, isolation and bitterness.’
The girl was a student at Earl Warren Middle School (right). She had sex with Calica – who drove 160 miles to meet her – in the parking lot of the Solano Beach Library (left) twice during her lunch hour
They have filed a lawsuit against the man and against the school district which they say is guilty of ‘negligent supervision’ by allowing her to go onto school computers.
They say that the pair entered into an ‘online relationship’ as a result of the interaction.
They also blame it for allowing her to go out at lunchtime unsupervised to meet the man.
The girl reportedly began speaking to the man after watching one of his YouTube videos.
He has removed them all but they included footage of him eating ramen and doing his hair.
The girl reportedly began speaking to the man after watching one of his YouTube videos where he would style his hair and eat ramen