For release on November 7, 2013

CONTACT PERSON:
David Ezgar
Deputy District Attorney
Sexual Assaults Unit
(408) 792-2534

  FORMER SAN JOSE POLICE OFFICER PLEADS GUILTY
TO EXCHANGING EXPLICIT PHOTOS WITH MINOR

A former San Jose police officer pleaded guilty today to a charge of exchanging sexually explicit photographs with a teenage girl while he was assigned as a detective to the department’s Sexual Assaults Investigation Unit.

When he is sentenced by the Hon. Daniel Nishigaya on Feb. 21, 2014, Tony Fregger, 34, will face a minimum of a six-month county jail term, followed by 500 hours of community service (not with children.)

As a condition of his plea to the felony charge of Distributing or Exhibiting Harmful Matter to a Minor, Fregger resigned from the force.

“We can’t have adults, let alone police officers, exchanging sexually explicit photos with teens,’’ Deputy District Attorney David Ezgar said. “Mr. Fregger knew this better than anyone. He has paid a severe price; he has lost his job, his reputation and will be incarcerated like the criminals he used to investigate.”

Despite being informed and acknowledging that the victim was a minor, the sex crimes detective requested, received and exchanged sexually explicit photographs in early 2011.

The law prohibits adults from obtaining and exchanging sexually explicit photographs under the age of 18.

At the time of sentencing the court will determine whether Fregger’s conviction will be reduced to a misdemeanor, which does not require lifetime sex registration.

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