A federal appeals court has upheld a lifetime ban on computer use for a South Florida sex offender who used text messaging to send a naked picture of himself to a person he thought was a 14-year-old girl.
____ challenged his conviction on grounds including violation of the First Amendment, but a three-judge panel of the U.S. Court of Appeals for the 11th Circuit unanimously upheld the sanction in a ruling handed down on Monday.
The sentence, which included nearly two years in prison and lifetime conditional release, was “tailored to his offense,” Chief Judge William Pryor wrote. The computer ban was tied to ____ ‘s conditional release, although he can ask his probation officer for permission to use computers for legitimate reasons.
Attorneys for the Hallandale Beach man argued the computer restriction violated the U.S. Supreme Court’s 2017 ruling in Packingham v. North Carolina, in which the court struck down on First-Amendment ground a state law barring registered sex offenders from accessing social media known to attract minors regardless of whether they interacted with minors.
The 11th Circuit panel said there were differences between the cases.