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Just shy of serving 180 days in prison for the promotion of child pornography, Alan Wayne Kay petitioned the Jefferson County Criminal District Court judge overseeing his conviction to allow early release in the form of “shock probation,” setting aside the 10-year prison term Kay received in March of this year.
“Like alcoholics need help,” Kay’s attorney urged, so does his child predator client. It was apparent, the lawyer detailed, “there is something wrong with a man who trades child pornography” of victimized pre-pubescent children, as well as the predator’s own adult daughter.
The Texas Attorney General’s Child Exploitation Unit arrested Kay in April 2021, alleging five counts of promotion of child pornography. Kay’s case was referred as a NCMEC CyberTipline Report involving the upload of files of child pornography to a social media account. Investigators executed a search warrant at Kay’s residence, and numerous devices were seized for examination by the Digital Forensic Unit.
Two years later, Kay pleaded guilty to sending and receiving graphic images depicting the sexual battery of children under the age of 10 years old, and was sentenced to serve 10 years in the Texas Department of Criminal Justice.
Kay stood before Jefferson County Criminal District Judge John Stevens on March 1, requesting deferred probation for the crimes he admitted committing – half-heartedly, according to prosecutor Kim Duchamp, who explained that Kay’s confession was more akin to “I’m sorry I got caught,” rather than “I’m sorry I did it.”
“He denied any involvement in this crime when he talked to law enforcement,” prosecutor Kim Duchamp said of Kay’s cooperation with he investigation.
According to evidence admitted in court in March, a search warrant executed at Kay’s home uncovered upwards of 87 images and 43 videos “that were certain to be child pornography,” Duchamp explained. “There were others that we could not determine,” but were also suspected child pornography.
Duchamp clarified that Kay sent and received child pornography – as well as pornographic videos of his own adult child– to a man he friended on Facebook.
According to Duchamp, “There is absolutely photos and videos ... of his own child,” and these pornographic images are circulated over a long period of time. “Most of these were images and videos of children being sexually assaulted repeatedly.”
“They’re all pre-pubescent children,” the prosecutor added, the approximate age averaging between 6 and 8 years old.
Kay told the judge that he was a sick man, and fell into the disease by chance, seeking out child pornography at first, then, “after I received the first couple,” Kay said he was inspired to create his own child pornography.
“I’ve got a disease,” Kay said. “I need help.”
Pursuant to an agreement that Kay plead guilty to all the charges posed against him, the state accepted a sentencing recommendation allowing a range of punishment from probation to 10 years in prison on each charge to run concurrently. After taking a long breath to take in the totality of the case, Stevens administered the stiffest sentencing available.
With Stevens still in control of the case for the first 180 days after sentencing, the judge was asked yet again to consider probation. Again, the judge declined.
“There’s just certain circumstances that you just can’t overcome,” Stevens said. “Making a snuff film of your own child,” he added, concreted the sentencing recommendations already in place. “I can’t see that as being anything but perverse.
“I’m not sure how many images of different children there are… but every image is a victimization of a child. The harm to a child, in many cases, is irreversible.”