Convicted Sacramento Child Molester Faces New Charges

David Allen Funston, set for elder parole release, accused of new child sexual assault in Placer County

Published on Feb. 27, 2026

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A convicted Sacramento child molester who was set to be released under California's elder parole law now faces new charges stemming from an alleged child sexual assault that happened in Roseville in 1996. David Allen Funston, 64, was previously convicted of 16 counts of kidnapping and child molestation in 1999 and sentenced to three consecutive 25-years-to-life terms, but was authorized for release under the state's elder parole law. Prosecutors in Placer County have now filed new charges against Funston, citing the statute of limitations, to hold him accountable for the alleged Roseville crime.

Why it matters

This case highlights the ongoing debate around California's elder parole law, which allows for the potential release of certain older inmates who have served at least 20 consecutive years in prison. Critics argue the law puts communities at risk by releasing dangerous offenders, while supporters say it provides a pathway for rehabilitation and redemption. The new charges against Funston have reignited concerns about public safety and the efficacy of the elder parole system.

The details

Funston was previously convicted in 1999 of 16 counts of kidnapping and child molestation and sentenced to three consecutive 25-years-to-life terms. Prosecutors in Placer County say they chose not to pursue a separate prosecution for an alleged 1996 child sexual assault in Roseville at the time, believing Funston's lengthy sentence would keep him behind bars for life. However, the California Board of Parole had authorized Funston's release under the state's elder parole law, prompting Placer County to file the new charges to hold him accountable.

  • Funston was convicted in 1999 of 16 counts of kidnapping and child molestation.
  • Funston was set to be released on Thursday under California's elder parole law.
  • The new charges were announced by the Placer County District Attorney's Office on Thursday.

The players

David Allen Funston

A 64-year-old convicted child molester who was set to be released under California's elder parole law before facing new charges in Placer County.

Morgan Gire

The Placer County District Attorney who announced the new charges against Funston.

Thien Ho

The Sacramento County District Attorney who called Funston "a ticking timebomb" who "will reoffend."

Jim Cooper

The Sacramento County Sheriff who said it should be "common sense" to keep Funston behind bars for life.

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What they’re saying

“To be clear, this individual was previously sentenced to multiple life terms for extremely heinous crimes. However, subsequent changes in state law and recent parole board failures have altered the practical effect of those life sentences for the victims and communities at large. When changes in the law put our communities at risk, it is our duty to re-evaluate those cases and act accordingly.”

— Morgan Gire, Placer County District Attorney (cbsnews.com)

“This defendant is the worst of the worst – a child predator who lures, grabs, kidnaps, and assaults children... This is yet another example that highlights how elder parole is a broken law that results in broken promises and broken lives.”

— Thien Ho, Sacramento County District Attorney (cbsnews.com)

“Ninety-nine percent of voters support him being locked up forever. Lock him up, throw away the key. But in California, they want to let him out. And they've let others out like him.”

— Jim Cooper, Sacramento County Sheriff (cbsnews.com)

What’s next

Funston is expected to make his first appearance in Placer County Superior Court next week, where a judge will decide whether to allow him to be released on bail.

The takeaway

This case highlights the ongoing debate around California's elder parole law and the challenges of balancing public safety concerns with rehabilitation and redemption for older offenders. It also underscores the need for a thorough review of cases where changes in the law could potentially put communities at risk.