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National

NM: ____ ____ Registered as a Sex Offender in 2 States. In New Mexico, He Didn’t Have To.

____ ____, the New York financier, managed to evade federal prosecution a decade ago in a Florida sex case involving dozens of teenage girls, in part by agreeing to register as a sex offender. But for a man with many residences, and many high-powered lawyers, registering as a sex offender was not the blanket penalty it might seem. Full Article

Related

New Mexico AG Wants New Sex Offender Law Amid Epstein Probe
https://mobile.twitter.com/schwartzapfel/status/1149686629445111808

Join the discussion

  1. Joe

    From the article ““He can give up his New York home if he does not want to come every 90 days,” Justice Ruth Pickholz said.” – Yes, that is just like a Price Club membership.

    I have always wondered how this works, with secondary residences. For example, in California, if you spend nights regularly at a secondary residence (like your elderly mother’s house or a vacation house at Big Bear Lake), you are required to report that as a secondary residence. Are you required to register at that jurisdiction’s law enforcement agency in person – within 5 days of your birthday?

    The personal reporting requirement under PC 290 already pretty much makes any substantial travel around your birthday impossible. One will never be able to celebrate one’s birthday in Paris or Hawaii with a 3 week trip, with the birthday in the middle. Or take a lengthy Christmas outing.

    But does one have to get one’s butt physically into the secondary cop shop within 5 days of one’s birthday? At some point, if one owned enough second residences – so many that one humanly could not get to them all in 10 days, that would, in practical sense, make it a crime to own property for personal use or visit your family on a regular basis.

    • SR

      Pretty much. Under current law, you have to register with every jurisdiction where you regularly reside. One of the guys in our treatment program had to do this as on weekdays he lived in his trailer in town, but on weekends he stayed with his wife a few cities over (she worked at the airport and couldn’t do long traveling, and neither could her, which is the reason for a somewhat odd living situation). So for his annuals he had to register with both. And if he had another place where he regularly lived, he’d have to register that as well.

      You technically need to register with any jurisdiction if you’re there for 5+ days in a row, or as described above. So if you live in CA and want to take a week-long vacation in CA, you need to register wherever you’re vacationing. Which can be a lot of fun if the city where you’re vacationing is one of those places that only does registration during a limited amount of days and time windows. In some cases, its nearly impossible to comply with the law without needing to specifically dedicate several days of your vacation to it (if they only register on Wednesday between 12-3, that pretty much wrecks your whole day in the middle of your trip. And then you need to do the same thing again on your way out, which may or may not be when they’re actually available to register you out. No idea what you do in that situation. Stay longer? Drive up another time? Come back neck year to register out?)

    • AJ

      @Joe:
      “At some point, if one owned enough second residences – so many that one humanly could not get to them all in 10 days, that would, in practical sense, make it a crime to own property for personal use or visit your family on a regular basis.”
      —–
      I’m thinking someone who owns a swappable timeshare might be able to make themselves run into this problem.

      • Bo

        Bren saying this for years. All people need is a lease to rent a room in a fellow so’s house for say, a dollar a month.

        Then what, is it affirmative restraint then?

  2. Anonymous

    The Wheels are Coming Off. .

  3. ਉੱਥੇ ਰਿਹਾ

    It has been my personal experience that, in CA, everything is negotiable; particularly when it comes to PC 290 deadlines. Most PD have only 1 person doing the work. If you are a very personable person, you can negotiate “registration appointments” with that individual.

  4. Tim

    I wonder if this man has ever visited this blog. If he was a poor man, his plea deal would stick.
    Funny how sex cases overcome process standards when there is ” some other issue afoot. ”
    The Judge signing off on the plea must have used the DO J approved standard operating procedure. STATE would have had an opportunity to incorporate other acts in the plea as read ins if jurisdiction was same.

  5. Eric

    This case is a disaster.

    • Joe smith

      Do any one know what’s states you don’t have to wear a gps in on parole or probation if you have a sex offense but you are until the Romeo and Juliet law

      • Shawn

        You don’t have to wear an ankle monitor in Washington State.

        • Joe p

          Hey Shawn, how long did it take for you to get the paperwork saying you were denied early discharge from parole because I think I’m denied as well but I haven’t gotten any updates from my parole officer.

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