A Massachusetts man has been civilly committed as a "sexually dangerous person" under 18 USCS § 4248 of the Adam Walsh Child Protection and Safety Act. The act allows commitment if the person:
- has engaged or attempted to engage in sexually violent conduct or child molestation,
- suffers from a serious mental illness, abnormality, or disorder, and
- would have serious difficulty in refraining from sexually violent conduct or child molestation if released as a result of his mental illness, abnormality, or disorder.
The court found the man to be a sexually dangerous person because of his child pornography obsession "despite imprisonment, participation in sex offender treatment programs, recommitment for supervised release violations, and the pendency of these proceedings." During times when he had no access to pornography, he "collected materials that reminded him of it" and "planned how to access" it when released. Additionally, he engaged in conversations with multiple children and sought to have sex with them.
This long and persistent trajectory of obsession with child pornography—and with sex with children—counsels strongly against a conclusion that Volungus, if released, would be able to control his pedophilia and limit his activity to private masturbation sessions at his home computer. The evidence of volitional impairment by reason of his mental illness is clear and convincing.The case is United States v. Volungus, 2012 U.S. Dist. LEXIS 31069 (D. Mass. 2012).