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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

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House Bill 1021

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  1. Joe

    Oh goodie, the Lunsfords again… saving the children, making a living.

    This here from another article:

    McCrory signed the bill with Lunsford’s aunt, Susan, behind him. She was joined by several riders from the Guardians of Children, who have been advocating for the Lunsford Family.
    Susan Lunsford thanked lawmakers and those in attendance for continuing to work to pass the legislation. “This is what Jessie would have wanted, she would have wanted to reach out to other children and she did,” Susan Lunsford said.”

    http://www.wbtv.com/story/32499768/governor-mccrory-signs-jessicas-law

    Wasn’t THAT long ago that Jessica’s brother, Joshua, pleaded guilty in Ohio to Unlawful Sexual Conduct with a Minor (him being 18 and his victim 14). 2907.04(A)(B)(2)

    Somehow he avoided mandatory Sex Offender Registration (one wonders how). Would Jessie not have wanted to protect that 14 year old child from being ‘fingered’ by this 18 year old man?

    Here is more information about the case (with all public court records).

    http://sexoffenderissues.blogspot.com/2007/07/lunsfords-son-gets-10-day-jail-sentence.html

    Copying and pasting a (very old) comment – which appears spot on:

    Drew • 9 years ago
    After reading the Ohio law on sex offenses and sex offender registration, which is quite wordy and complicated, it looks like it was not applied as written.

    First, Joshu violated 2907.04, Unlawful sexual conduct with a minor. If the offender is less than 4 years older than the victim, then the offense is a misdemeanor of the first degree. Joshua was (just barely) more than 4 years older than the victim so the crime should have been a felony in the fourth degree.

    Second, Joshua pled guilty to 2907.04. A “sexually oriented offense” is defined as an offense committed by someone 18 or older involving a minor who violates crimes which include 2907.04. Therefore he committed a “sexually oriented offense”. Whether the crime is a misdemeanor or feloney is not part of the definition.

    Under 2950.04, each person who has pleaded guilty to “sexually oriented offense” that is not “registration exempt” shall register with the sheriff.

    “Registration exempt” means any “presumptively registration-exempt sexually oriented offense” to which a judge has not order the person registered. The list of crimes which are “presumptively registration exempt” do not include Joshua’s crime of 2907.04, Unlawful sexual conduct with a minor.

    Therefore Joshu has pleaded guilty to a crime for which he should have to register as a sex offender, and there is no exemption under the law.

    “Because of the misdemeanor charge, he will not have to register with the state’s sex offender registry.” This explanation is simply incorrect. The press should do a better job of fact-checking.

    If you live in Ohio, and do not like the fact Joshua has been convicted of a sexually oriented offense and does not have to register, call the DA’s office and demand they appeal. You can also put pressure on the sheriff. Both are usually elected officials and have to answer to their constituency.

    Personally, I believe his case should never have been in court, and 10 days in jail is ridiculous for consensual sexual activity between teenagers. I also wonder about a judge imposing a “one year period of probation” when the maximum term of imprisonment is 180 days. Isn’t this extending the sentence beyond 180 days? If he is on probation, then he could theoretically go back to jail to serve the remaining 170 days months after his maximum sentence would be over.

    By the way, he had better stay in Ohio, because he will need to register in most other state based on this conviction.

    So, if Joshua Lunsford (expungement in hand) moved to North Carolina, would he have to re-register and be banned from all these public places by the just signed Jessica’s Law?

  2. Will Crump

    This situation with Joshua Lunsford so clearly shows the hypocrisy that is rampant in our “justice” system. This family goes around exploiting Jessica’s death as an appeal to emotionalism to pass these draconian laws that are proven 100% ineffective, but yet when one of their own lands in the crosshairs of these very laws, they make sure he doesn’t ever have to worry about them. That’s why I wish every single lawmaker and citizen who supports these laws so dogmatically would have a close loved one end up on the registry. Oh, what a horse of a different color it would be then!! I wonder how much money they’ve made in speaking engagements since Jessica’s death? How do they pay for travel to each and every state that passes that law? How much is Jessica’s death profiting them??

    Here is a link to a recent (2015) study by the D.O.J. that openly admits all these laws do zilch to affect recidivism rates.

    http://www.smart.gov/pdfs/AdultSexOffenderManagement.pdf

    Janice Bellucci, every state and U.S. territory needs an advocate lawyer just like you.

  3. Chris F

    “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.”

    So, in what method were they “identified as threats to minors”?

    Did they get a fair hearing on the matter where both sides present evidence and a judge decides that there is overwhelming information that the accused is a clear and present danger to minors, and set some sort of realistic timeframe for him to have therapy and be assessed again? I do believe that is how “due process” is expected to work before you take away someone’s constitutional rights in the name of “public safety”.

    • Punished for Life

      Chris F,
      So did you send these very questions to the good Governor?
      These elected officials need to have their mailboxes full of these exact questions.

      If we calmly explain they are continuously destroying this country as they simply abandon the Constitution, and they are protecting absolutely nobody. There may be one in two hundred RSO’s that should not be allowed in certain areas, but these blanket laws just make me ill.

      I’ve been waiting to see or hear just how many RSO’s actually snatch a kid at the fair or Arcade? Very very rare I’m sure. You have much better odds of having your home broken into by a violent intruder. But they get a “hand slap” and they are out and back at it a few months later. With no Registry.

      Frank

    • Punished for Life

      Chris F,
      Update: I went to Gov. McCrory’s contact page and used your exact words to email his office. These lawmakers need to know that they are being watched. Especially, when what they are doing is unconstitutional.

      Frank

  4. Bill Williams

    Its an election year, they are going to do what they can to gain political points. And that means using children for there agenda but we all know that people are opening there eyes and seeing politians for what they are, they are the real “molesters”.

    • Chris F

      I haven’t seen much “eye opening” yet.

      The news articles calling out politicians for making stricter laws and punishments that trample constitutional rights and actually put children in more risk are few and far between.

  5. Harry

    Where is the ACLU?

    • I can't wait to die

      the ACLU what? who? they are about nonexistent when it comes to SO Laws!

      • rob

        The ACLU has a branch in every state. Each office decides to pursue cases that they have the funds for or believe they can win. I would not paint the ACLU with a broad paint brush.
        The ACLU is currently fighting hard for us in Rhode Island and has fought other battles for for our cause.
        Remember their are many different issues that the ACLU fights for.

    • Kris Klein

      The ACLU has done more for registrants than any one else outside of what Janice has done. If you can think of any other advocates like the NRA….oh wait, that multi billion dollar organization has done nothing to protect firearm rights of registrants

      • nomore

        So you’re an advocate of guns for felons? Actually I believe a recent law went into effect, paving the way to restoration of gun rights. It’s always been in place but congress cut the funds off for processing of applications. I’ll have to check to make sure. Federal gun laws, if I’m correct, only apply to to guns and ammo that falls under the interstate commerce clause. Your state may allow for felons to own guns if they are manufactured entirely inside state lines.

        Alaska actually recently passed a law that makes it illegal for state reps to work with the feds on guns that are Alaska made. They also promise in the law that they’ll defend you against the feds. Besides, depending on your state and the type of black powder gun you buy, you can own them because the feds don’t consider them actual guns. I’m not a lawyer though, so do your own research.

        A shot with a 50caliber flontlock BP rifle will take down a moose.

  6. Kris Klein

    Looking at the photo in the article, I can’t help but talk about the elephant in the room. That can’t be the North Carolina capitol building

    But seriously, does this mean that Jessica Lunsford’s sex offender brother Josh is not allowed to check out a book at the library?

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