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California

Court strikes down sex registration requirement

A California appellate court has again struck down a requirement that ____ ____ ____, a well-known Redding man who often ran for elected office and who was sentenced to prison in 2013 for stalking a woman, register as a sex offender for life.

In its June 30 ruling, the Third District Court of Appeal, which once again upheld his stalking conviction, reversed ____ ____ ____’s sex offender registrant requirement. Full Article

Opinion

2015 Opinion

Join the discussion

  1. AlexO

    So he has a history of doing this to multiple WOMEN and served time in prison, but I’m the one who gets to miss out on all my nephews milestones in school and can’t travel after doing 60 days in county and probation. That’s a fine system there, Lou. The fact that registration is this fought over, sure as hell shows how much of a damn punishment it is.

    When the hell is SCOTUS, or at least any other federal court, going to reevaluate the whole damn thing? I’m tried of living in constant fear of losing my job or worse when I’m now a “free” man.

    Sorry for the language, but I think everything has the same frustration with all of this.

  2. Lake County, CA

    “The defense attorney has argued the sex offender registration requirement was not justified because the defendant never threatened or made any sexual advances toward the woman.”

    I wish that was the minimum standard that had to be proven during trial.

  3. DavidH

    finally a judge that didn’t cave to anything sex-offender

  4. Timmr

    How stupid these laws are. The law says if he was stalking her with intent to merely mug or murder or scare the heck out of her, there is no need for him to be on a list to be watched, no matter how compulsive the behavior is or how frightened it makes the victim. The law shows an extreme sexophobia bias, and sends the message that harassing women is not that bad as long as no sexual urge is proven.

    • ONE DAY AT A TIME

      Well stalking is a vague term. I can remember as an infatuated young kid I would try and be at the same places as the girl I was infatuated with. But it was just so I could spend more time with her in social settings like church. Stocking doesn’t always involve any criminal actions or intent. Of course later in life I figured out that putting up a challenge and acting like I wasn’t too interested made me more desirable. I actually was told by a girl that she wanted the challenge. I now hate playing the relationship game and no longer care. Being single under these circumstances is so much easier. I wouldn’t want anyone to be in a situation of getting harmed or ridiculed because of my status.

      Been awhile since I posted here, but I come here regularly to read and support new legislation.

  5. Stephen

    Sex is a sin and you’ll all have a GPS strapped to your pecker soon. get a boner and go to jail.

    • Nicholas Maietta

      Already been done. Some treatment provider report test results to probation officers. One of those tests?

      The penile plethysmography test. It’s just a different kind of electronic monitor. I was in a program where this was required for most people. Photos were showed with this thing hooked up. If you don’t comply, you were kicked out and gone to jail. Luckily i never had to go through it. But some people failed the test and went straight to prison. That’s not supposed to happen. Instead, they are supposed to be treated for whatever urges that might have.

      https://en.wikipedia.org/wiki/Penile_plethysmograph

      • AJ

        Ah yes, the good old “peter meter.” A Phd psychologist with whom I once spoke says it cannot be mentally overcome, as it is sensitive enough to gauge blood flow before you’re even aware. Never had one, nor a polygraph, and hope to keep it that way!

        • David Kennerly, Anti-Social Network Administrator

          Please, it’s called a hardometer!

          • Neil B Fisher

            I must be getting old in my time it was called a pecker checker. Oh how times they are a changing.

        • Timmr, results inconclusive

          They should hook it up to me when I am asleep and explain to me why the needle jumps when I wake up.

      • AlexO

        The director of our program told us that some states actually do do that (jail people that “fail” the PPG). With our program, he won’t anyone outside of the program see the results, including the person’s PO, as they’re not trained to properly read the results and that’s not the purpose of the PPG anyway. Our program only runs the test once (unless it fails: in that the person wasn’t able to properly take it) and is then used by him and other therapists in the program as a guide in where treatment might need to be focused more.

        For people that are genuinely attracted to minors, therapy isn’t likely to remove that attraction. But it can help the person recognize warning signs that they might be in danger of acting out again, and provide them with the tools on how to defuse the situation. Locking someone up for thoughts alone is just plain wrong.

        The more time I spent on this website and with our program, I’m learning more and more how poorly put together this registration system and “rehab” is and how many states and programs out there improperly use all these various therapy tools. I really lucked out with the amazing program and therapists that we have.

        • Neil B Fisher

          I met I guy when I was in custody 20 years ago . He told me that when he would go out and burglerize a house at night he would get so excited of what he was doing that he would stand over persons sleeping in their beds. He would not touch himself or the victims but when the judge heard this he gave this guy 17 years and he was termed a sexual predator and lifetime registration for him.

  6. 290.006 is dumb

    290.006 is one of the most stupid parts of the sex offender law itself. Why not just SPECIFY exact penal codes that require registration?

    • AJ

      Even without knowing what 290.006 says I can answer this: because they want to be able to keep it as vague as possible to trap anyone they wish, as they wish.

    • Timmr

      That is dumb. I have heard that a burglar can get sexually exited by all the danger involved in the crime and do it for that reason and not so much for the money. Or it may be just a power thing or whatever. In the end, someone lost some valuables, so who cares if it was sexually motivated, if there was no sex crime done. The morality police care, I guess.

      • AlexO

        It needs to be a sex crime as well as have a sexual motivation. If you steal women’s shoes because you have a fetish, you won’t be charged as a sex offender. If you steal women’s shoes and are then caught in a public area masturbating to them, then you’re likely to be charged as a sex offender.

        Of course the two don’t always have to be related. Rape is generally more about power over the victim rather than a sexual drive (its why there’s rape in prison and the military by men who are not gay), but will certainly be charged as a sex crime.

        But in the end it doesn’t really matter. There are a plethora of crimes that are really heinous but don’t come with a scarlet letter, while even the most minor “sex crime” (like two teens sexting) get slapped with a lifetime membership to our special club. So that sex offender next door everyone is afraid off is likely a regular person that’s no danger to anyone, while a door away is the 3 time DUI recipient who put multiple people into the hospital or a gang member who did 10 years for a contract murder (Califonia actually does have a gang database with over 150k people listed, but “Only specifically trained Law Enforcement Officers and Support Staff may access CalGang® information”, because reasons).

        • kind of living

          good point AlexO , matter of fact , good points all down the page, along with a lot of other people on this page , I feel very hopeful that this is a turning of the tide of how we work together as RC’s ,

        • Timmr, not an expert

          The way I read 290.006, any crime can leave you on the registry if it can be shown to have a sexual motive. Doesn’t really matter, the penal codes make little sense to me. It seems to be a text of disjointed reactions to infamous crimes and the public pet peeves of the day, that get stuck as law, rather than a well thought out strategy to prevent crime and rehabilitate offenders or heal victims.
          How is kidknapping a sex crime even when there is no sexual motive?

      • Neil B Fisher

        I met I guy when I was in custody 20 years ago . He told me that when he would go out and burglerize a house at night he would get so excited of what he was doing that he would stand over persons sleeping in their beds. He would not touch himself or the victims but when the judge heard this he gave this guy 17 years and he was termed a sexual predator and lifetime registration for him.

  7. kind of living

    oh I guess the ole intent crap was not good enough , it was good enough to get me put away for 5 years on a 9 year beef , there was no attempt or anything like that in my case , just the prosecutor saying why I was there , the sign said For RENT , not someone still lives here , oh well maybe sometime I will run it all down . but after this many years I am sick of telling how stupid I am ,

  8. Neil B Fisher

    I am serious here if an individual is hooked up to one of the mentioned pecker checkers to see if he is excited to photos of minors does it work if the person has severe ED. Just because his machine is out of order does not mean the person still could be a sexual criminal . He might be old but the guy ain’t dead .

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