Punishment That Doesn’t Fit the Crime

San Francisco — When ____ ____ was 10 years old, he and his older brother initiated a touching “game” with their 8-year-old sister. “None of us knew what we were doing,” he said, and he soon forgot about the episode. But later that year, 1998, his sister’s teacher found out and notified the authorities. Just weeks after ____’s 11th birthday, police officers handcuffed him outside his fifth-grade classroom. ____ and his parents agreed to a guilty plea in exchange for two years of probation, which he spent in a foster home. (His brother…

Read More

NC: Sex Offender Premises Restrictions Revised in Response to Doe v. Cooper

The General Assembly amended G.S. 14-208.18, the law that makes it a Class H felony for certain registered sex offenders to go certain places. The changes are a response to Doe v. Cooper, a federal case in which the trial judge enjoined every district attorney in the state from enforcing the parts of the law he found to be unconstitutional. Today’s post takes a look at the revised law. Full Article Related NC: Federal Judge Enjoins Enforcement of Sex Offender Premises Restriction NC: Bans sex offenders from spots children gather

Read More

IN: Judge keeps sex offender’s voting suit alive

A registered sex offender’s lawsuit against the Indiana Secretary of State and other parties will proceed, a federal judge ruled Thursday, denying the defendants’ motion to dismiss. Blackford County resident ____ ____ filed the federal suit alleging his First and 14th Amendment rights were violated because he cannot vote at the local polling place located in the Blackford County High School auxiliary gym. ____’s suit challenges I.C. 35-42-4-14 that prohibits “serious sex offenders” from entering school property. The law took effect in 2015, and ____ meets the definition of serious sex offender…

Read More

Peaceful Protest in Oakland Attracts More Than 40 People

More than 40 people today participated in a peaceful protest held outside the federal district court in Oakland.  Participants included registrants and supporters from California as well as several other states, including Florida, Missouri and Oregon.  Today’s protest included the burning of sex offender registration cards by six registrants led by CA RSOL Treasurer Frank Lindsay. Today’s protest was a tremendous success,” stated CA RSOL President Janice Bellucci.  “We effectively communicated to the public and to the media our position that the International Megan’s Law (IML) violates the U.S. Constitution.” The protest immediately followed…

Read More

IL: A chance to get sex offender laws right [Editorial]

When the 19-year-old son of ____ ____ of Downstate Fairview Heights had sex with his 16-year-old girlfriend, he was forced to register as a sex offender. He was a legal adult and she was a minor. Police told his employer to fire him, and when he found a job in a new town, the police there ran him off, too. Full Article Related IL: Sex offenders sue, saying registry laws keep them from church, living with family IL: Are Sex Offender Restrictions So Vague They’re Unconstitutional? — 2 efforts in Illinois…

Read More

CT: State Supreme Court Overturns Denial Of Rental Assistance To Sex Offender

The state Supreme Court has ruled that housing officials improperly removed a man from Connecticut’s rental assistance program because his name was on the state’s sex offender registry. The state Department of Housing issued a regulation in 2012 that made those on the registry ineligible for housing assistance. But the court ruled Thursday that the regulation cannot be applied retroactively to those who already were in the program. Full Article

Read More

Janice’s Journal: We Need YOU to Help Restore Registrants’ Rights on July 27

A federal judge made a wise and brave decision on Friday. She granted a TRO which temporarily prohibits the City of Murrieta from evicting a registrant, who suffers from both medical and financial challenges, from the home of his sister, the only person willing and able to care for him. This judge’s decision is important because it is the first decision by a federal judge to limit the enforcement of residency restrictions in a California city. It can, and will, set a precedent in other cases both within and outside…

Read More

Federal Judge Temporarily Stops Residency Restrictions in Murrieta

Federal judge Virginia Phillips issued a Temporary Restraining Order (TRO) today that prohibits the City of Murrieta from enforcing its residency restrictions against a registrant who moved to his sister’s home earlier this month. The TRO will remain in effect until August 15 when a hearing will be held to determine whether the judge will grant additional injunctive relief. “This is a great victory for registrants,” stated attorney Janice Bellucci. “For the first time, a federal judge has stopped the enforcement of a city’s residency restrictions in the state of…

Read More

Canada: Supreme Court says judges can ban convicted sexual predators from Internet

OTTAWA — The Supreme Court took steps Thursday to bring the law up to speed to protect children in the rapidly evolving realm of cyberspace in a ruling allowing judges to ban convicted sexual predators from using the Internet. The case turned on one narrow legal issue — whether a new law can be retroactively applied to case that predated it. As a matter of legal principle, the high court rarely allows laws to be applied retroactively, especially when it comes to changes in criminal law on how punishment is…

Read More

NC: Bans sex offenders from spots children gather

RALEIGH, N.C. (AP) – North Carolina has banned some sex offenders from places children gather while a similar state law from 2009 remains under federal review. Gov. Pat McCrory signed a bill Thursday that would prohibit sex offenders who have been identified as threats to minors from places like arcades, parks, libraries and the State Fairgrounds during the fair. It takes effect in September. Full Article Related House Bill 1021

Read More

TX: Rowlett Couple Harassed After Mistaken Sex Offender Notice

ROWLETT (CBSDFW.COM) – A Rowlett couple fear for their safety after police mistakenly listed their address as belonging to a sex offender. The Texas Department of Public Safety sent postcards to neighbors within four blocks of the house on Kirby Road, alerting them a “high risk” offender, ____ ____, lives there. “It’s been a nightmare, and I want it to be over,” said Michelle Swindle. Full Article

Read More

WI: Sex offenders contesting Pleasant Prairie ordinance

Six convicted sex offenders living in Pleasant Prairie allege the village’s restrictions on where offenders can live are so broad, they effectively banish them from the village in violation of their constitutional rights. A federal lawsuit filed in June alleges the ordinance violates the Ex Post Facto Clause of the U.S. Constitution because it retroactively applies the restrictions to offenders who committed qualifying crimes before the ordinance was enacted in April. Full Article

Read More

Emotional Support Group Mtgs Resume in L.A. on August 6

Emotional Support Group meetings for registrants and their loved ones will resume in Los Angeles on August 6 at 10 a.m. The meeting will be held at the ACLU building, 1313 W. 8th Street, and free underground parking is available. There is no charge for attending the meeting. Participants are urged to arrive before 10 a.m. because access to the meeting will close at 10 a.m.

Read More

Janice’s Journal: Hand-to-Hand Combat in California Cities

Today we are conducting hand-to-hand combat with cities throughout the state of California in order to challenge their residency restrictions. There are more than 100 cities that have such restrictions and thusfar we have filed nine lawsuits. The series of lawsuits began last year when we challenged residency restriction in the City of Grover Beach that prohibited registered citizens from moving into most of that small city. It also prohibited registered citizens already living in that city from moving into a new home within the same city…..including Frank Lindsay who…

Read More