Staff Writer
An elderly sex offender was sent back to prison Tuesday forviolating probation by committing another sex act.
Joseph Carvalho, 83, asked a county judge for mercy, saying he issick and can barely leave his home. He appeared in court using awalker.
Judge Howard F. Knisely reprimanded the man for his latest sexact and his refusal to complete sex-offender treatment programs.
The judge ordered a prison sentence of 6 to 23 months followed byeight years' probation.
Carvalho, in his latest offense, committed a lewd act in thepresence of a minor near his home in Denver. East Cocalico Townshippolice charged him Jan. 13 with open lewdness, a misdemeanor.
He was jailed in 2002, and served five years, for having sexualcontact with a pre-teen. Under terms of his probation, he was tohave no contact with minors.
"You refuse to acknowledge what the definition of a minor is. Youpretend to be confused," Knisely told the man. "No contact withminors means no contact with minors."
Defense attorney Robert Byram said Carvalho is a World War IIveteran who has a strong work history and raised nine children.
He also is self-educated and has taught himself book-keeping, thelawyer said.
"On the other side of the equation, we have these offenses,"Byram said.
The judge banned Carvalho from having a computer, the Internet orpornography in his home. Carvalho said he intends to abide by allrules.
"I can't go out of the house; I can't walk," he told the judge."I have to pay $15 in order to get down here."
However, Carvalho's probation officer said he hasn't beencompliant. The officer said Carvalho puts off appointments andhasn't completed required sex-offender treatment.
"You will do so this time, or you will probably spend the rest ofyour life in prison," Knisely told the defendant.
bhambright@lnpnews.com

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