Sex offender sentenced 90 days jail time; another to a year

NORWICH – Two sex offenders with convictions related to sexual performances of children were sentenced in Chenango County Court by Judge Frank B. Revoir, Jr.

• Wayne W. Viera, 35, Sherburne, was indicted on Sept. 17, 2014 for promoting a sexual performance by a child, a class D felony, and disseminating indecent material to a minor in the first degree, a class D felony.

It is alleged that on July 4, 2014 in Norwich, Viera directed a 14-year-old female and 13-year-old female to transmit sexually explicit photographs of their breasts and sent a picture of his genitals to one of the female youths via Facebook messaging.

On Feb. 13, Viera pleaded guilty to the class D felony of promoting a sexual performance of a child.

First Assistant Michael D. Ferrarese said Viera needs to understand that his behavior – asking teenage girls to do inappropriate things via Facebook – was inappropriate and may have become more inappropriate if the behavior had not “become known.”

“The text messages were extremely inappropriate and the photographs were even more inappropriate,” said Ferrarese. “That behavior is deplorable and needs to stop.”

The First ADA also said Veira needs to reflect on his behavior and “refrain from using social media to lure teenage girls.”

Revoir sentenced Veira to 90 days of incarceration at the Chenango County Correctional Facility to be served over the course of weekends and 10 years probation.

Viera will also be required to pay $1,375 in fines, register as a sex offender and he is not allowed to have contact with children under the age of 18, except his own biological children.

Full orders of protection for the victims were extended to the maximum level of the law.

• Jesse M. Souza, 25, Afton, was convicted of the class E felony of possessing a sexual performance by a child on March 28, 2008.

Last year Souza was charged with the class E felony of failing to register or verify as a sex offender.

It alleged that on or about March 1, 2014, Souza failed to register his change of address from a residence in Afton to an unknown address within 10 calendar days of his move.

Souza pleaded guilty to the class E felony on Feb. 13.

According to Ferrarese, the People were requesting more incarceration time for Souza because he is a predicate felon, but that Revoir “obviously controls the sentence.” He said the people requested Souza receive one and a third years to four years in prison for failing to register.

“He is aware of the rules,” said Ferrarese. “This is not the first time he has failed to register.”

Ferrarese also said if Souza fails to register again, he will be charged with another felony failure to register charge and face prison time.

When asked if he wanted to make a statement on his own behalf, Souza said, “Absolutely, your honor.” He said that he did not leave his address but that his employment takes him out-of-state, and he was unaware of the rules for registering in-state, because he was “reporting to law enforcement agencies outside of the state.”

“I was not malevolently or intentionally trying not to register,” said Souza. “I apologize to the courts, the District Attorney's office and the people of Chenango County for not following the technicalities of the law.”

Revoir said to Souza that this is not the first time, but the second time Souza has failed to register.

“You've absconded before and have a history of not showing up,” said Revoir. “I don't buy that you did not know.”

The Judge said the main reason he did not give Souza prison time was because there was no evidence that Souza was re-offending against anyone, as far as committing more sex crimes.

“You've used up the local time, and if it happens again, you will be going to prison,” said Revoir.

Souza was sentenced to a one year definite sentence at the Chenango County Correctional Facility.

“This should never happen again,” said Revoir.

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