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California

Finally, some clearer thinking on sex offenders

After years of panicked and excessively punitive lawmaking against sex offenders, cooler heads are beginning to prevail. The U.S. Supreme Court, for example, on Monday struck down a North Carolina law that effectively banned registered sex offenders from using any social media that is also accessible by children. Full Editorial

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  1. AJ, ex CA

    A decent, level-headed op-ed from the LA Times. Good to see. They had also urged President Obama to veto IML. Too bad he didn’t listen. 🙁

    Hopefully more major media pick up on this and keep espousing the proper statistics and information, not the soundly debunked 80%.

    –AJ

  2. living the lie

    It looks as though things are heading back to where (slowly) they were before certain people ignited the frenzy of knee-jerk reaction feel good laws that have done nothing positive for anyone, much less lived up to their stated purpose. I’m talking about when the registry was non public. Since it has become public politicians have used the sex offender panic as a tactic to push many useless laws effecting hundreds of thousands of people every time a single crime was committed by an individual, and many times laws have been passed seemingly just because, even though there was no demonstrable need for the law. What has been happening is large numbers of people have been punished over and over again for the acts of a single person.

    The results have been dead people after they have served their time because someone decided to troll the registry for a registered citizen to assault because they felt they had not been punished long enough or hard enough. Destroyed lives of wives, husbands, mothers, fathers and blameless children, as well as the astronomical and ever increasing cost to the taxpayers for something that does nothing aside from the above mentioned results. I challenge anyone to do a google search to see if one documented case exists where someone has been saved by the registry or any associated laws or if there is one documented case where the registry or any associated laws have prevented one single sex crime. I’ll tell you the search results ahead of time; you will come up with a big fat zero. This monster needs to go back to being non public.

    • AlexO

      Our rehab consular who first spent a decade working as a consular at the local jail told me that back in the day before the internet, if someone wanted to look up a registered citizen they’d need to fill out official forms stating their reason, get approved, then sent to non-public system where they’d be watched to make sure that’s the only data they were collecting was approved kind, AND they’d have a limited amount of time to collect it. No sitting around for hours messing around on the system. Now any Joe-Blow can do a quick Google search to get a million hits because all those third party websites leaching official info as extortion are perfectly legal.

  3. T

    I say keep up with the fight against those that distort information and hold them accountable for their malicious content against American citizens.

  4. ds

    In my world in Florida 🙁 there a case that a 19yr had sex with a 15yr old consensual sex the prosecutor is offering probation but must register as a sex offender. I think this is total BS. I think this should go to trial and ask the jury to side this case. What do you guys think???

    • 1984

      You can look up a document at (www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-214cj.pdf) to read about Florida’s Romeo and Juliet law.

      The choice can only be made with his attorney.

    • AJ, ex CA

      @ds
      The link 1984 provided has all the answers you need, and even clearly spells out the age difference exception that applies in such situations.

      From the document:
      “Florida’s ‘Romeo and Juliet’ law does not make it legal for an 18 year-old to have a sexual relationship with a 15 year-old; however, it does provide a mechanism for the offender to petition or make a motion to the court to remove the requirement to register as a sexual offender if certain criteria are met.”
      “Most notably, the victim must be at least 14 years-old,9 the offender no more than 4 years older than the victim at the time of the offense, and the victim must have consented to the sexual conduct. Qualifying offenses for consideration of registration relief by the court fall under the following statutes: s. 794.011, F.S. (sexual battery); s. 800.04. F.S. (lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age); s. 827.071, F.S.11 (sexual performance by a child); or s. 847.0135(5), F.S.12 (certain computer transmissions prohibited).”

      The client and his attorney will need to weigh the pros and cons.

      –AJ

  5. Edie

    How and when will the SCOTUS ruling in North Carolina affect R.C.’s in other states, particularly in California? Am I correct to assume that they’re currently banned from all social media in CA?

    • AJ

      @Edie
      How? The moment you raise Packingham with the D.A. or judge. (I’d say a LEO, too, but they don’t care about laws that go against what they want.) When? Immediately.

      –AJ

    • James

      Dear Edie:

      That would be an incorrect assumption re California…if you are off probation and parole, as everyone eventually is, there is no restriction as to social media or notification….I think they, the b*stards….lol, tried it once, but the CA courts quickly overturned the statute.

      I remember being worried about this at some point in time….but that was a while ago.

      Best Wishes, James

    • Harry

      Short layman answer, no. There have been some efforts to do that, however, it have been stop. There is a possibility some on parole or probation may have restrictions.

      • newby

        I was convicted of an internet crime in cali, put on probation, and no internet restrictions while on probation of any kind..

  6. Gralph

    My question is how would this affect people who have lifetime registry due to 290? It doesn’t make sense to keep said people at lifetime registration if it has been 20 years and they have stayed crime free. In my personal situation, I’m under 290 which means life in California, but have been out for 10 years without probation or parole, eventually married which I have been raising my own children and a couple of step children for the past 8 years, obtained a Bachelors degree and generally work in a professional field (IT), yet I still carry the SVP label due to the alleged victims age? If so, something doesn’t seem right……………

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