DAVID KING BEXHILL AND TUNBRIDGE WELLS SEX OFFENDER ESCAPES JAIL IN LANDMARK CASE OVER SNAPCHAT USAGE

In a significant and unprecedented legal case in the United Kingdom, David King, a 27-year-old known sex offender with ties to both Bexhill and Tunbridge Wells, narrowly avoided imprisonment after being found guilty of breaching a court order by downloading the Snapchat application onto his mobile device. This case marks the first time in UK legal history that a sex offender has been prosecuted specifically for violating a sexual offences prevention order (SOPO) by installing and using the popular multimedia messaging app.

King, who was previously convicted in September 2013 of engaging in sexual activity with a minor and possessing indecent photographs, was subject to strict restrictions under his SOPO. These restrictions explicitly prohibited him from using any device capable of accessing the internet unless it could retain and display internet browsing history, and he was forbidden from deleting such history. Despite these measures, during a routine police check on April 1 of the previous year, officers discovered that King had downloaded Snapchat onto his LG mobile phone.

Snapchat is an application renowned for its self-destructing images, videos, and messages, which automatically delete within seconds unless saved by the user. King admitted to understanding how the app functioned but believed that its usage would somehow preserve the internet history on his device, a misconception that contributed to the breach. At the time of the police check, King was residing in a caravan situated in a private car park in Bexhill, Sussex, having previously lived in Tunbridge Wells, Kent.

Initially, King denied the allegations of breaching the SOPO. His defense argued that merely having the Snapchat app on his phone did not render the device incapable of retaining internet history, asserting that he was not guilty of the offence. However, during the court proceedings at Maidstone Crown Court, King pleaded guilty after expert testimony revealed that any material deleted by Snapchat could only be recovered using specialized forensic software. The court heard that the destruction of data by Snapchat was such that only forensic experts with the right tools could retrieve any residual information.

Judge David Griffith-Jones QC acknowledged that Snapchat was precisely the type of application that sex offenders under restrictions should avoid, emphasizing the app's automatic deletion feature. Nonetheless, the judge decided to give King the benefit of the doubt, concluding that his actions appeared to be driven more by naivety and recklessness rather than malicious intent. The judge stated, “I sentence you on the basis you acted naively and recklessly rather than with malevolent intent,” and imposed a ten-week jail sentence, suspended for twelve months. As King left the court, he was seen grinning and waving his arms in a display of apparent jubilation.

This was the second time King received a suspended sentence, despite previous breaches of his SOPO. His initial order was issued following a 16-month prison sentence, suspended for two years, handed down in September 2013 for two counts of sexual activity with a minor and two counts of possessing indecent photographs. That order also prohibited him from unsupervised contact with anyone under 16 and restricted internet use.

However, shortly after the order was made, King contacted his teenage victim—whom he claimed to be in a relationship with despite her being underage—on five separate occasions. He met her while staying at a bail hostel, and when arrested, he introduced her to officers as his partner. King later admitted to breaching the order and was subsequently jailed for 16 months in February 2014. The judge at that time criticized his “arrogant approach” to the restrictions.

Following his release, King remained under the supervision of authorities, still subject to the SOPO and required to register as a sex offender for ten years. Prosecutor Catherine Donnelly explained that police closely monitored King, and the discovery of Snapchat on his phone was made during a home visit when he handed over his device to officers. She clarified that the conditions of his order explicitly prohibited him from owning or using any device capable of internet access unless it could retain and display browsing history, which he had violated by downloading Snapchat.

King admitted to downloading and using Snapchat but claimed he believed the app’s self-destructing messages would be retained “somewhere,” a misconception that led to the breach. The court was informed that recovering any deleted material would require specialized forensic software, and the destruction of data by Snapchat made it impossible to retrieve without such tools.

In a previous hearing, King expressed shock upon discovering that Snapchat breached his court order, stating, “Communications will be routinely destroyed automatically, leaving no, or no significant, trace.” The judge, however, emphasized that such apps are precisely the ones offenders should avoid, given their automatic deletion features. The court acknowledged that King’s actions were reckless but noted there was no evidence he had used Snapchat or his phone inappropriately after the breach.

Despite the leniency shown, the judge highlighted the disturbing extent of King’s recklessness, especially considering his criminal history and previous breaches. He warned King that this should serve as a lesson to exercise greater caution in the future, particularly regarding devices capable of internet access. King remains under the same SOPO and sex offender registration obligations for ten years, with ongoing restrictions on internet use and contact with minors.

In a related case from February 2014, King, then 23 and residing in Powder Mill Lane, Tunbridge Wells, was sentenced for similar offences involving a teenage girl. He was given a 16-month prison sentence, suspended for two years, after admitting to two counts of sexual activity with a minor and two counts of possessing indecent photographs. The court ordered him to complete a sex offenders’ program, perform 200 hours of unpaid work, and adhere to a four-month curfew. Despite the sentence, the court emphasized the importance of intervention to address his distorted thinking, noting that King had groomed the girl over a period of time and had continued contact even after restrictions were imposed.

King’s case underscores ongoing concerns about the behavior of convicted sex offenders and the challenges in ensuring compliance with court orders designed to protect minors. His repeated breaches and the use of modern technology like Snapchat highlight the need for vigilant monitoring and stricter enforcement of restrictions to prevent further harm.