WEST SACRAMENTO (CBS13) – Neighbors are furious and want a sex offender gone.

“It’s just scary knowing that he’s there and not knowing the conditions of his probation, what he can and can’t do and it just doesn’t seem like he would have to go very far to be right by all of these kids,” said Rachelle Stratton of West Sacramento.

Rallying in Memorial Park, parents voiced their concerns while police explained their rights.

“We can’t pull the man out of this house and say you can’t live here; that’s not what we can do,” said Sgt. Roger Kinney to a group of people Wednesday night.

It all unraveled on a Saturday back in September. A group of parents caught a 57-year-old man taking pictures. They confronted the man and took his cellphone where investigators found lewd photos.

David Vaughn Smith pled no contest to charges of possession of child pornography.

Usually a sex offender could not be within 2,000 feet of a school or park, but Smith is exempt from a law passed in 2015.

“In his instance, which I can’t speak specifically, right now he’s living in that home,” said William Oneto, supervising probation officer in Yolo County.

Residents are trying to change that law and now hope a signed petition will encourage legislatures to change the law.

“I just figured whatever we can do, whatever inch we could go forward to help get him out will help,” Stratton said.

Once more, police explained residents can’t harass Smith either.

“If you commit any misdemeanors against him or his family, harassed or threatened or annoyed, that is a misdemeanor for somebody to do that,” Kinney said.

Neighbors also said they’re determined now more than ever to work with police to make sure they’re children are protected.

“If our kid’s in the front yard, not having to worry, is he out? Is he looking? Is he taking pictures? You just don’t know,” Stratton said.

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