Nampa man sentenced for sex with teen girls

June 7, 2013 

A Nampa man who was called a “career felon” by prosecutors was sentenced to twenty years in prison Friday for a 2012 having sex with two teenage girls in 2012.

James D. Kirk, 45, will be eligible for parole after serving eight years. He was convicted in April of felony lewd conduct of a minor under 16 and sexual battery of a minor child age sixteen or seventeen.

Kirk’s victims were 13-year-old and 17-year-old girls who had run away from the Syringa House, a treatment center for children with behavioral and emotional problems. Prosecutors said Kirk saw the girls walking around Nampa, and invited them to his hotel room, where he had sex with them.

The man denied having sex with the girls. He was on misdemeanor probation at the time, and has six prior felony convictions.

Kirk’s defense attorneys had asked the judge to order retained jurisdiction as part of the rider program, while prosecutors argued he should be sentenced to 15 years to life, based on his extensive criminal history.

In addition to the prison sentence, Kirk was ordered to register as a sex offender, pay a $3,500 civil penalty to each victim and have no contact with them.

Judge Juneal Kerrick said that he took Kirk’s past offenses into consideration when deciding on his sentence.

“You are a criminal thinker; you’ve had opportunities to change your criminal thinking and when push came to shove, you were worried about your needs regardless of the consequences later, and that is a dangerous state of mind in terms of reoffending.,” he said. “Your actions do have consequences. This is especially so for a person who has been in and out of the penitentiary twice; if you were getting the message you would have been extra careful in terms of how you were responding to the situation.”

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