MIDLAND COUNTY -- At a glance, 23-year old Tim McCann, of Bay County, looks like your average young father playfully teasing his five-year old daughter Alexis.
But a dark cloud looms over the single father and Delta College student.
He's actually a registered sex offender. In 2004 at the age of 17, Tim's underage girlfriend, 15-year old Shannon Abbe, gave birth to their daughter. The hospital reported Tim to police.
"Three months after she was born. They sentenced me to nine months," said Tim.
Shannon and her parents stood up on behalf of Tim in court. "They were pretty supportive because Tim was there and wanted to be a part of Alexis’s life," said Shannon.
Tim says Shannon’s parents wrote letters to the judge stating they didn’t believe Tim should be punished for the situation but it didn’t matter.
Midland County Prosecutor Michael Carpenter did not handle Tim's case but says the fact that Tim was being investigated for theft more than likely had an impact on his sentencing.
"If we have someone's that's been in our system a number of times in the past then they're not going to get the same consideration as someone who doesn’t have a record, nor should they,” said Carpenter.
To avoid state prison time, Tim pleaded no contest to larceny and guilty to 3rd degree criminal sexual conduct and was sentenced to nine months in county jail, five years probation, and must register as a sex offender for 25 years.
"Someone shouldn't have to register for 25 years for getting their girlfriend pregnant," said Tim.
The troubled teen served a total of six months in the Midland County Jail. "I was in there with a guy who was in jail for molesting his son and putting pictures of it on the internet. I was in there with a guy who had the same sentence as me but he was 32-years old and had raped his 12 year old step daughter,” said Tim.
Once released Tim married Shannon and began registering as a sex offender along the other men he served time with in jail.
"They shouldn't get the same sentence because they're not on the same page and they're not the same threat," said Tim’s mother, Kim Wiltse.
It's been six years since Tim was sentence in a Midland County courtroom. He says he’s accepted the criminal sexual conduct conviction and now he’s trying to turn his life around.
"I’m a father. I work 40 hours a week. I help take care of my daughter. I just started school. I'm a good guy," said Tim.
Tim and Shannon divorced after a year of marriage, but Shannon still believes Tim should be taken off the sex offender registry.
"It's not like he forced himself on me. We were together. It makes no sense. He shouldn't have to register," said Shannon.
Carpenter says unless the law changes there’s not much Tim can do now.
"The legislature decided that someone who has sex with someone underage must go on the sex offender registry. That's not determined by the prosecutor or the judge."
Tim and his family say they worry that soon Alexis will be paying for her parent’s mistake.
"He can't be with in a certain distance to a school and I don't think it's right with her starting school. I think he should be able to able to go there for plays, school events and conferences,” said Shannon.
“She’s too young to understand now but when she gets older, if things don’t change she may resent her dad. Because if her friends can’t come over because her dad is on the sex offender registry and she starts losing friends that is really going to affect her life and it could affect their relationship,” said Kim, Tim’s mother.
"I just don't think I should be on the list. I'm not a sick person. I'm striving harder to be a better person and to be there for her, " said Tim.
Tim and his family say the situation wouldn't be so bad if there was a place on his profile in the registry explaining the situation.
In the meantime, Tim says he would like to visit schools to warn teenagers of what could happen if they make the same mistake.
