Because he was only charged with a misdemeanor, Centreville resident Craig Dykstra just had to serve five days in jail following his conviction last summer for unlawfully filming a high-school girl in the nude.
Now, though, a Fairfax County grand jury has indicted him on five felony counts of possession of child pornography and, if convicted, he could receive some serious prison time.
On June 5, 2010, Westfield High held its school prom and, afterward, Dykstra held a pool party at his Hunt Chase mansion for his daughter and her friends. But before the festivities began, he placed a camera disguised as a pen inside a changing room there.
Then, without their knowledge or consent, he secretly filmed several teen-age boys and girls — including an 18-year-old girl who was photographed completely nude as she changed out of her swimsuit into pajamas for a sleepover at the home with one of Dykstra’s daughters, a classmate of hers.
Another student eventually found the camera, which was given to a parent and then to the police. After viewing the camera’s contents, police arrested Dykstra.
He went on trial, July 28, 2010 in Fairfax County General District Court, and the 70-minute film was played. The victim and others who’d been at the party testified and, ultimately, Judge Mark Simmons found Dykstra guilty, beyond a reasonable doubt.
“This is not a static, surveillance camera, but a surreptitious camera — the type used for spying on people without their knowing it,” said Simmons. “There’s video of Dykstra setting it up, checking and rechecking it — and it’s in a place where people are in various stages of undress.”
The judge sentenced him to 10 days in jail and, in December, Dykstra, 52, served five days. However, the criminal investigation continued because, on June 7, 2010 — two days after the pool party — police had searched Dykstra’s home and confiscated several computers, phones and cameras to examine.
Then, believing they now had enough evidence to charge him with felonies, police appeared last Tuesday, Feb. 22, before the grand jury and presented their findings. As a result, Dykstra was indicted on five criminal counts.
The initial case against him proceeded as a misdemeanor because the filmed victim was 18 and, therefore, not under-age. But the offense date of Dykstra’s five latest charges is listed as the same date his computers were seized by the police — and this time, he’s been charged with possessing pornography involving minors.
Dykstra is currently scheduled for a status hearing, March 4, in Circuit Court to offer attorney information and set a date for a trial or plea. The crime of possession of child pornography is punishable by as much as five years in prison.
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