A Lake Charles couple who pleaded guilty to sex crimes in 2013 won’t face prosecution for having Facebook accounts because the social media pages went up before their convictions and hadn’t been maintained since, state Attorney General’s Office prosecutor Stephen Martin said Friday.

“There was no criminal intent,” Martin said in state district court. “It’s not appropriate for my office to prosecute these cases.”

John Baccigalopi, 45, and Jennifer Baccigalopi, 33, were arrested in September as part of an investigation by state police and the Calcasieu Parish Sheriff’s Office into the online activities of registered sex offenders.

The Baccigalopis were charged with failing to post their sex offender status on a social media page and with unlawful use or access of social media. They have been held in the Calcasieu Correctional Center since their arrest.

Both had Facebook accounts and an email account that weren’t registered with authorities, Martin said. But the accounts appear to have been opened before the Baccigalopis’ conviction. The only activity since then was from other users wishing Jennifer Baccigalopi a happy birthday.

State law forbids “the intentional use of a social networking site” by a person forced to register as a sex offender for video voyeurism or a sex offense involving a minor. Martin said authorities “had every reason to have these two people arrested” under the law. “Thankfully, in their situation, they won’t be prosecuted.”

The law has been challenged as being unconstitutionally overbroad, said defense attorney King Alexander, who represents John Baccigalopi.

“I knew (Martin) was basically going to inform the court that he wasn’t going to charge them, and this would be made moot,” Alexander said.

Martin told the Baccigalopis to make sure they understood their sex offender registration obligations and “take your time to ask questions.”

Attorney Catherine Stagg, who represents Jennifer Baccigalopi, and Alexander said their clients don’t know the passwords or the phone numbers associated with the accounts to have them closed. Furthermore, Alexander said, his client is afraid to go online to try to close the account.

“He’s in a catch-22,” Alexander said. “If he goes online to delete the account, they can say he’s in violation of the terms of his probation and his registration. If he doesn’t delete his account, they can say he’s in violation of the terms of his probation and his registration.”

Stagg suggested a court order to have the accounts closed.

The Baccigalopis pleaded guilty in January 2013 to being principals to carnal knowledge of a juvenile. They allowed a man to have sexual contact with a teenage girl who was living with them. They both received 10-year suspended sentences and were ordered to register as sex offenders for 15 years.

They were also arrested in June for failing to register.(MGNonline)