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2018 ACSOL Conference

National

ID: Idaho Senate panel introduces bill to broaden sex crime laws

[idahostatesman.com]

An Idaho Senate committee has introduced two bills that would broaden the definition of some sex crimes to include crimes committed with the intent of degrading or humiliating someone.

Idaho Deputy Attorney General Paul Panther told the Senate Judiciary and Rules committee on Monday that both the state’s current statute on sexual battery and the statue on forcible penetration with a foreign object define the crimes as having been done with the intent of sexual gratification or arousal. But Panther said those statutes currently don’t cover situations like severe hazing, when someone — such as on a high school sports team — is sexually battered during a bullying incident.

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  1. Well, CA has 290.006...

    If you want to talk about “broad,” California has a statute under 290 that permits a judge to order registration if a crime was committed “as a result of sexual compulsion or for purposes of sexual gratification.” So even if a sex crime isn’t one of the 50 plus crimes specifically listed under the main 290 statute, a judge can use 290.006 to order registration nonetheless. Seems pretty ‘broad’ to me, considering the first factor relies on *thought*, whilst the other relies on *feeling*.

    • Yes, 290.006 is the catch all

      CA 290.006 is the catch all where latitude for applicability is broad as you state just like Conduct Unbecoming is a catch all when nothing else can stick.

    • American Detained in America

      Here’s the absurdity of this law…

      If a man steals women’s lingerie with the intent to see his wife or girlfriend wear stolen lingerie, THAT could get him put on the registry under this law!

      • Nondescript

        I remember reading something about stealing women’s panties from a store being considered a “sexual compulsion” while looking at the static 99 questionnaire a couple years back. So I think you are absolutely correct- it IS a registrable offense in CA.

        I don’t recall which State it is, but there is one that requires a registrant to list all members of their household, names ages etc on their registry info-

        I have been waiting for the day California requires you register your spouse and children too. This is not satire.

        • Well, CA has 290.006...

          Stealing women’s panties from a store is not a specifically registerable offense in California (i.e. not one of the 50 plus crimes specifically listed per 290). However, stealing women’s panties may be deemed registerable per 290.006. The fact that 290.006 offenses are lumped into the cauldron of Karl Hanson’s mix of various other offenses ought to bring question to the Static-99R’s sample representation, uniformity, or lack thereof. In fact, the Static lumps all forms of sex offenses into its sample. Being that the Static-99R–colloquially “SARATSO” tool–will be imposed on all registrants at the tiered law’s enforcement, the Static-99R merely reintroduces the problem that the tiered registry was intended to help solve in the first place: That the registry lumps all types of sex offenses together. The Static-99R merely perpetuates a vicious cycle, but it is less obvious to the layman voter.

          Using the Static-99R in law was probably intended to keep registries in place. Registries are politically popular–and politicians and law enforcement know this. As offense-based registries are slowly exposed for being largely ineffective, “risk” based registries have a nice political tone to them. The developers of the risk assessments have become more creative in how they manipulate and present the data. And less legal and scientific challenges to the risk assessments have only emboldened the “scientists” who create said risk assessments.

  2. Dustin

    More idiocy. Betting the primary unstated motivation behind these proposals is to increase the number of registrants.

    If attempts to degrade and humiliate become regsterable offenses, then it should apply to all lawyers that have ever cross examined someone in court.

    • Probably rethink that Dustin

      Not quite @Dustin. Read the articles below and then decide for yourself if they really just want to add more to the registry for grins and giggles. I am sure some parent doesn’t think so given their child went through this:

      White high school football players in Idaho charged with sexually assaulting black, disabled teammate with a coat hanger
      https://www.washingtonpost.com/news/morning-mix/wp/2016/05/25/white-high-school-football-players-in-idaho-charged-with-raping-black-disabled-teammate-with-a-coat-hanger/?utm_term=.82833bef2d1f

      Ex-Idaho football player avoids jail time for violent sexual assault of disabled teammate
      http://usatodayhss.com/2016/ex-idaho-football-player-avoids-jail-time-for-violent-sexual-assault-of-disabled-teammate

      Sex assaults in high school sports minimized as ‘hazing’
      https://idahostatejournal.com/news/local/sex-assaults-in-high-school-sports-minimized-as-hazing/article_0ed07e6d-47af-58d3-9990-b9d9fac17ee7.html

      Here is one from TX late last month to show this is a nationwide issue among students like sexting is an issue among students:

      2 more high school athletes arrested on sex assault charges
      http://www.idahostatesman.com/sports/article196988094.html

      Texas high school athletes arrested on sex assault charges
      https://www.kpvi.com/sports/national_world/texas-high-school-athletes-arrested-on-sex-assault-charges/article_ad1f42ef-3964-5995-a6d9-e4b172391515.html

      • David Kennerly, Spectral Evidence Technician

        I’m assuming that you believe that you just made a point.

        • AJ

          Lol. I thought it was just me…of course, I forgot to take my Skittles today, too.

      • Dustin

        I don’t understand your point either. The Idaho story was more about racism than sexual assault, and the Texas story didn’t say anything at all. If the point was to change my mind that the intent of the proposals was to increase the size of the registry, it failed. Miserably.

        Of course, no parent wants their children to go through these things. But that doesn’t make hazing a sex offense, per se, in that there’s no intent of sexual gratification.

      • kind of living

        Sounds like its a war on football ? or racist ? I don’t see all the aricles talking about scumbag raping RC’s but back in prison for some infraction of the registry , or the alleged suicide ,or murdered , because of an infraction . And I am sure you wont say anything about the alleged sex offenders that are being murdered in their homes long after their punishment and were tracked down by thugs accessing the internet registry , nope , all people hear about for the most part are slanted articles , no matter what happened to an RC and their familys all you hear about is that it was a sex offender that had their house burned down , or a sex offender was murdered , never a human but a sex offender , the point is that there are already laws on the books to deal with shit head football players , last thing we need is more damn laws , what I want to know is what site do hang out on so I can come over and post some articles you don’t care about , RC’s are victims now whether they want to be or not right along with their family , and we are not afforded the opportunity to walk away from our past or our abusers , always some ass mite finding us on the registry , and us never knowing what they may do to us and our family , our kids being bullied in school by some ass hole adults kids , and sometime even the teachers miss treat our kids , what happens when an RC parent comes to the witch hunters house to talk to you bullying parents teach your kids to bully ? I will tell you what happened , the cops go to the RC’s house making threats or worse , but its to late Right ? because the RC’s kids are already damaged , it just don’t make since the always say “IF IT JUST SAVES ONE” then in the mean time ten RC Kids are damaged because of a lame registry , and a bunch of fruit loops that think its a free ticket to the gladiator games , sitting up in your stupid little seat with your nose in the air watching the games , as your kids home with your uncle Billy bob

        • kind of living @ Assault is still an assault regardless of how stupid it is to pass more laws

          How bout making the judge do his jobs with the laws he has on the books already ? rather than pushing for more lame sex labeling laws , remember the registry is not for punishment ? they don’t need to be on some registry for a sex crime when that was not the intent , kids don’t need to pay for the rest of their live because of mistakes they made as kids , this has been going on for ever in the sports world , or Frat world , their are many ways to create awareness with out pushing for more damn laws , I mean you come on here with 15 ready made sports related story’s , many of us with kids ,. your not talking to the coach’s ? school boards ? no you come to a site that are RC’s many with kids , and they are being abused my peoples kids that thrive on the internet registry , our kids are already victims to the registry , and their stupid ass parents as well as teachers , hell with foot ball , we have to worry about some butt munch burning down our house when we are sleeping , or being ran over by some nut case that’s wants to be a hero making RC’s pay long after they have paid in full with prison time and paper , or people hunting us down and killing us in our homes , I am sick of hearing the alleged victim storys when we live it every day and no body cares . it would be great to work together as humans , but someone just has to be the monster to point at , a line drawn between somebody and somebody , somebody has to feel like they are better for what ever reason , rather than working on truly helping fix the problem and its got to be something better that chucking money at prisons and more damn laws , the registry will not fix it ever . its going to take opening doors for people to get help , rather than knee jerk reactions , and things built out of hate , another thing to look at is if the judges are not doing as they are supposed to in the cases you talk about , then how do you think it is that they have all this time and money to build this registry , with the aid of Law enforcement and DOJ CDC , all of them think football is more important than these kids that are being abused , and the same ones that don’t care about us or our family’s are running this this mess , is this what they are going to start calling it when they are killing RC’s and making our familys live in fear “Hazing?”

        • @kind of living

          If your child(ren) was subjected to the same action that one of the children was subjected to in the article below, you’d want the same proposed law to protect your child(ren) as it would any other child(ren) and you know it. Anyone would. You’d not be caught defending in public what is already on the books as enough because your child(ren) was/were the victim(s) and would demand more if the same non-sexual gratification hazing sex assault happened. Look at what you wrote and how, you’d ask for the proposed law because the emotion is already there.

          Sex assaults in high school sports minimized as ‘hazing’
          https://idahostatejournal.com/news/local/sex-assaults-in-high-school-sports-minimized-as-hazing/article_0ed07e6d-47af-58d3-9990-b9d9fac17ee7.html

          The laws are enough for everyone else as is until it happens to within your circle. They’re never enough then. That is how the Ron Book’s of the world happen to be created as seen in FL.

        • kind of living @ Assault is still an assault regardless of how stupid it is to pass more laws

          your wrong , my kids went thru more than you will ever know , they don’t need more stupid laws , ones that will affect our grand children , more laws against our kids are not the answer , the system is already over blown and over rated , no one did anything for my kids ever , at some point we need to be parents , and go deal with parents that don’t want to be responsible for how their kids treat others , only thing holding things up is the law not doing their job , and passing more laws only allows for more abuse of those law entrapping unsuspecting kids for life , no one being helped , there for passing more dang law , its plain to see that judges do as they dang we please , because they don’t really care about our kids , if they did these little turds would be in treatment and maybe a well ran but camp , marking someone else’s kids for life fix’s nothing , what i would want would be a knee jerk reaction , and we have fare to many laws based on that , and its wrecking everyones life over and over again , the only law i would like to see passed is every person that wants a new law passed , should get for the first time should get a rolled up news paper smack to the forehead , the other law i would like to see passed is every time the Federal Court judges play the three blind mice game , get a news paper to their forehead , it plain to see what the constitution says , and just because it covers people that other people they don’t like dose not mean it needs to be changed , just to fit the newest fad in hating , all these storys you present are sad and i know something needs to be done , but any law that’s going to mark some dumb shit a kids for the rest of their life count me out , their many other ways to handle these matters that should be used , its funny how helpless kids are when everyone is yelling “if it just saves one child” but when that child is messed up and dose something horrible , all of a sudden they are a monster and needs to be marked for ever , i got news for you their have always been bully kids , down right mean and cold , its not always about sex , its things that should have been dealt with long ago , and what do they do about it ? they chuck a bunch of money at prisons and loads of punishment , never really coming together and working on the real problem at hand , turning our kids into state trading goods and ear marked for prison is wrong to say the least . pass a law and it will be abused , there for pass another law , lol no way man i am sick to death it , when i went on the registry it was to LE only ! over 30 years ago , and they just keep stacking more and more crap on that make it exceedingly hard for meto even live some kind of a life , and i am know kid , i don’t see how some kid could make it , you would have twice the suicide rate you have now with youngsters , just because some one had to cast a bunch of guild sin and blame to make then self feel better , and what about the kids that lie on other kids , going to pass a law for that too ?

        • kind of living @ Assault is still an assault regardless of how stupid it is to pass more laws

          OH yes screw Florida by the way , they created their own problem , the real monsters there run the state , Ron Book was given that power by laws that stupid ass people voted for , RON BOOK is the perv big time , the whole dang state is sick , what hell dose ronny book have to do with us passing laws to mark kids ? for mistakes they make when they are just know nothing kids being ate up with dumb ass’s

  3. Dustin

    @ Assault is still an assault regardless of how stupid it is to pass more laws

    Even a sexual assault on one of my own children – which has happened, by the way – does not change my opinion that the registry is absolutely worthless as a preventive measure and accordingly, do not believe registration should be part of punishment for hazing. Nor does it change my opinion that the protection of children is a parental one, not a government one.

  4. Tim Moore

    I think the reliance on the nuclear family(parents/children) to raise kids is in part why we have a registry. The idea that anyone out of that special unit is a danger is the root basis for the registry. Now with both parents struggling to make ends meet, there is not time to be responsible to your child, in all that should entail, so the task is delegated to institutions, government or private, which people assume are trustworthy. You have registries that do or rather don’t do what the extended family used to do, protect, encourage and foster the child. That is still necessary, only in a fantasy world do children raise themselves.

  5. Michael

    No surprise. There is only what, 3 or 4 Democrats on the Idaho legislature?

    ….

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