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CaliforniaGeneral News

Sex offender residential requirements unconstitutional, court rules [updated with Court Decision]

A blanket restriction prohibiting sex offenders from living near places where children congregate is unconstitutional, a state appellate court ruled Wednesday, throwing a surprising wrench into a popular law. The decision by Division 1 of the 4th District Court of Appeal concerns the 2006 ballot measure known as Jessica’s Law, which barred registered sex offenders from living within 2,000 feet of a school or park.

The court said the across-the-board enforcement of that restriction as a condition of parole violates offenders’ constitutional rights. While the decision applies specifically to San Diego County, it could have sweeping ramifications across the state. Full Article

By Emily Green – Daily Journal Staff Writer

Details about the case

The actual Court Decision

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This is truly great news. I can only hope now that Cities take notice of this. I do have to say. If Jessica’s law was ruled unconstitutional, I can only imagine how requiring someone to post signs in front of their homes on Halloween can be deemed? Its a sign of the times. Truly. We presently have High Risk offenders wearing ankle braclets and both their faces, names and addresses are online? I think enough is enough.

This is great news! I hope it is just step one to stop the hysterical passage of unconstitutional, ineffective, and often unenforcable laws.

This is so encouraging. I hope this is the start of good things to come for ALL of California’s registrants!

This is probably not the place to post this but it needs to be posted. In 1989 I was wrongfully convicted of molestation in a case that stemmed from a child custody battle. I can go on and on about the case and the ramifications it has had on my life but that is not why I am posting this. After all I have been through I find it unbearable to think that it is now effecting my children’s lives. In North Korea there are children and grand children that have been born in prison and stay in prison for… Read more »

I for one, am completely confused as to how this law has stayed on the books for as long as it did! I am confused as to whether it was “retroactive” (to those who had to register BEFORE 11/2006!). Since it is only a “State Appellate Court” that has positively ruled on this law, does this mean the law can now NOT be enforced in the “4th Appellate Court” District, or can an injunction from further enforcement of it be further granted?

A LAWSUIT IS DESPERTLY NEEDED TO BE FILED AGAINST THE HOMELESS SHELTERS IN SAN DIEGO CA.!

San Diego CA. is the only city on the entire west coast that will not alloow RSO entry into homelsss shelters under jessicaa law!

Is there any one with any kind of legal knowledge, A San Diego Sex offender reform group “Americans Against Megans Law insanity” http://www.aami.tk is seeking legal help in filing a lawsuit againsts the homeless shelters in San Diego
TONY

Thank you ALL for your comments. According to what I have been told, there are homeless shelters throughout the state of California that deny assistance to all registrants. I do not understand why this is happening and would appreciate input from others on this topic. Litigation is a last resort on this and other topics as well.

The link to the story in the news is broken.

FSO’s also can not get a small business loan. I have not seen any tax credit for this on my tax return forms.

So you all think that a child molester on parole should be allowed to live next to a school or a park where the temptation is increased. Most child molesters have a disease and should not be anywhere near a park or school PERIOD! Heaven forbid the government look out for your children. Lets see if you all feel the same way about it if your child is molested!

Ted, you are exactly the ignorant, emotional angry victim of fear mongering politicians who have driven exaggerated and inaccurate statistics into your soft brain. Having no apparent sense of self, you have obviously not done the research to unearth the unpleasant truth that would set your mind at ease. The penalty phase of any crime is in the sentencing and guidelines established by the courts as framed by the legislature. Each case stands on its own merit and offenders are sentenced according to the parameters of the crime(s) they commit. The law you envision is a chaotic, frenzy driven application… Read more »

Ted, many of us are registrants because yes our child was molested. For me I was molested by 10 individuals and abused physically by law enforcement and my friend sexually. I have already reaped what I sowed and for me no one will ever have to reap what they sowed against me; as well as for my friend. Do you really think I should sit in silence and be expected to reap what you and others have sown? No way because this is only abuse and trust me I know. I have been there and back in this life, a… Read more »

My oh My Ted, how uneducated you are. Most people on our registry are not “child molesters” Where in the world did you get that information? The media? The politicians? Most of us felt the same way you do, until the nightmare happens to someone you know or love. Remember, all it takes is an accusation or being caught in the back seat with a girlfriend under 18. Many, many of our men, fathers, grandfathers, would be on the registry today, if we had these laws on the books years ago. Yes, unfortunately there are a small amount of people… Read more »

I’m so glad I found this website. I was wondering if anyone can help me and my wife and daughter. I’ve been on parole for 3 years now as a low risk offender but I can’t seem to get approval to live with my wife and my daughter. Is there anyone that can help me in my situation? If someone can direct me in the right direction I would really appreciated

in response to Ted The following are just some of the offenses in California which will get a person on the Sex Offender Registry for life, and cause them to be a “sex offender”, unable to go to a park, school, or place where children congregate, or to give out trick-or-treats on Halloween, and which may ban them from attending school functions, will require them to register with the police yearly, will require they register with the college police if they attend a college class, may ban them from entering a library, fishing off some piers, attending theme parks with… Read more »

And more for Ted because it did not all fit above

An adult who moons another adult
An adult who “streaks”

Please notice that NONE of the offenses involve molesting children.

I too was once someone who thought all sex offenders must have done something terrible to be labeled like some kind of animal. my husband was charged with rape in the 3rd degree, because the state he grew up in didn’t have a statutory rape. either way, he was convinced by his girlfriend of 2 yrs that she was pregnant. despite what her parents had asked of him and her not to continue to see each other becuz he turned 18 the previous winter. he stayed to do the right thing by the child he and her made. come to… Read more »

I’m still unclear: Does Jessica’s law apply to people who must currently register, though were not on parole, but only on county probation for more minor offenses? Even if that probation was over before it was enacted?

Basically, I do not think it should matter what you did. You should be sentenced once and only once for a crime. Anything else is a diminishing of the authority of the US constitution. To be punished for a mistake is justice. To be be punished repeatedly for the same mistake is injustice. Anyway, it feels good to comment on things that have been on my mind. Now it is time to give to the soldiers fighting for us. I am submitting my donation.I suggested others who have not , give something.

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