Action Item for EVRYONE! A Virginia Court of Appeals Ruling was Based on One Word in Virginia Code § 9.1-903. that Virginia Has Never Implemented, So the Ruling is Incorrect.
Almost a week and a half ago the Court of Appeals of Virginia made a ruling that a Virginia Sex Offender Registry mandate/requirement is NOT punitive.
I only learned of this ruling yesterday when I found an article on VA Lawyers Weekly that I was unable to read because I don’t have a subscription.
Sex offender registry law not punitive https://valawyersweekly.com/2018/02/08/sex-offender-registry-law-not-punitive/
Here is the ruling http://www.courts.state.va.us/opinions/opncavwp/0152172.pdf it’s only 13 pages long, it’s easy to read and I suggest EVERY RSO and the loved one of an RSO read it.
It’s about the Virginia law that mandates Registered Sex Offenders have only 30 minutes to register any changes in their email addresses in-person.
Why do I want you to read it?
Because on page 12 it says VA Code states an offender can update their email address either in person or electronically so the 2011 Snyder decision from Michigan does not apply to Baugh.
This is false.
Interesting. In Wisconsin I just send an email to the SOR specialist. They send a confirmation that they received the information. Done deal. There is also a fax number available for updating information for those without email. Phone calls work as well during business hours. Of course Wisconsin does also require every user name be reported along with its associated website, so just buying something online requires an update sometimes if they require an online account be established.
Seems like the Virginia code could/should be challenged on its face as being physically impossible to comply with unless you live next door to the reporting authority.
So would this lead to another lawsuit?
I know lets create an offender registry for everybody else an that includes mayors, senators, legislature an everybody else an put only things that are public knowledge, things they dont want people knowing but there has already been a ruling in court and the guy who made the website won in court because he only put stuff on there that is public knowledge, we need to stand together, it’s not fair that robbery n assult has the highest recidivism rate and S.O.’s is the lowest
I have a simpler plan using the “Re-” prefix: “Remove.” No other need to dilly-dally around the edges.