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Predator serves sentence, remains in custody

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CHIPLEY — Although Alton Hartzog has completed a five-year sentence for child pornography, the state isn’t ready to let him go.

A Washington County jury found Hartzog should be committed to the state’s Civil Commitment Center in Arcadia as a sexually violent predator to receive further treatment. The decision came at the culmination of proceedings under Florida’s Jimmy Ryce Act, which determines whether individuals are sexually violent predators subject to involuntary civil commitment.

Hartzog, 74, recently finished a five-year prison sentence for 164 counts of possessing child porn and two lewd and lascivious acts upon children on charges out of Washington and Bay counties.

He was held pending the outcome of the Jimmy Ryce proceedings and was brought before a six-person jury Monday and Tuesday by Special Assistant State Attorney Zach Taylor. Two forensic psychologists testified as to Hartzog’s mental disorders, including pedophilia, and his likelihood to re-offend if released back into the community.

“Hartzog posed as a photographer and would gain the trust of parents in order to photograph their children,” the State Attorney’s Office said in a Thursday news release. “Over time, he would photograph them in various stages of undress, in sexually suggestive poses and, in at least two cases, would touch them through and under their clothing.”

Hartzog told the psychologists that he saw nothing wrong with what he was doing and looked forward, upon his release, to continuing his passion of photographing children.

When asked if he recognized that taking the photographs of children was wrong, Hartzog replied: “Frankly, yes.” 

Hartzog will be committed indefinitely. A judge will supervise his case and hear yearly progress reports about his condition and the likelihood of his release.

Hartzog’s first civil commitment case under the Jimmy Ryce Act was held in January 2013.

“Basically, he has been locked up 10 years for a five-year sentence,” said Marianna attorney Crystal Marsh, representing Hartzog in those proceedings. Marsh is assistant regional counsel for the Office of Criminal Conflict and Civil Regional Counsel, 14th Judicial District.

Hartzog, a former Washington County resident, pleaded guilty in 2004 to 14 counts of sexual performance with a minor in connection with photographs he took of a 7-year-old and a 9-year-old girl.

Hartzog was found guilty of possession of photos showing sexual performance by a child in Bay County in 2004 and found guilty of possession of photos showing sexual performance by a child and producing, directing or promoting sexual performance by a child in Washington County Court in 2004.

Hartzog was incarcerated in the Department of Corrections until 2008, when he was released from prison, only to be detained in the state Civil Commitment Center pending treatment. The state has been committing individuals deemed “sexually violent predators” to incarceration and state-mandated treatment.


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