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Sex offender sentenced for homelessness claims

Posted at 6:21 PM, Apr 22, 2016
and last updated 2016-04-22 21:43:57-04

SAN DIEGO - A sex offender caught lying about being homeless will soon be released, but his sentence is sparking "relief."

Daniel Lackey tried to shield his face in court Friday, but he could do little to blunt Micki Payne's outrage, just before a judge handed down his sentence.

"I know and he knows he took these photos of my daughter. I know and he knows they were not taken for any other reason than to satisfy a perverted need of his," said Payne.

10News first spoke to Payne in October 2015, after she called police to report Lackey was taking photos of her 11-year-old daughter bending over at a yard sale in Clairemont.

Lackey -- who committed a sex offense against a child in the past -- was off probation and his camera couldn't be searched. He was let go, but a week later, 10News caught up with him in Serra Mesa, when neighbors said Lackey was living in a home on Raymell Drive despite being registered as homeless.

10News contacted police about those concerns, and months later, a jury convicted him for lying about being homeless.

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The maximum sentence was a year, but Lackey received a six-month sentence.

With time served, he'll be out in a week.

"I think this was a victory for the community," said Deputy City Attorney Mary Strickland.

Strickland said because Lackey didn't get the max, the judge was able to put him on 3 years of formal probation.

"They can order additional terms, such as GPS monitoring … This send a message -- if you lie to police about where you're residing, we will get justice. Accurate information about sex offenders is critical, " said Strickland.

"I'm relieved and happy," said Payne.

Lackey won't be able to own any sort of camera, and police are now free to search him.

"He knows we're watching. That's the most important thing to me. He knows we are watching," said Payne.

Prosecutors say accurate information on living status is critical because if a child disappears, part of the search will include a canvas of nearby sex offenders.