NY: Judge Finds State Limits on Sex Offender Moves Illegal

A judge has found the state’s 2005 restrictions on sex offender movement violate constitutional bans on retroactive punishment when applied to a man convicted of sexual abuse in 2002 and effectively banished him from many parts of Brooklyn as a result. Brooklyn Supreme Court Justice Yvonne Lewis determined that Executive Law §259-c(14)—which forbids sentenced offenders from “knowingly entering into” publicly accessible areas within 1,000 feet of school grounds and other institutions where minors are present—violated the Ex Post Facto Clause of the Constitution in the case of ____ ____, convicted…

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PA: ‘Deplorable’ sex offender’s crime could be considered worse than murder, prosecutor says

With a sentence of 23 to 46 years in prison, sex offender ____ ____ will be incarcerated longer than some murderers. But in a sense, his crime is worse than murder, according to a prosecutor. …  “I say involuntary deviate sexual intercourse is worse than murder because you’ve got to live with it,” (Assistant District Attorney Pat) Broscius said. “When you’re murdered, you’re dead.” Full Article

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NY: Editorial – Monitoring sex offenders

New York State Comptroller Thomas P. DiNapoli fears municipalities across the state are not insistent enough that convicted sex offenders follow post-release laws about notifying police where they are living. In our specific region, this does not appear to be a valid complaint. Once convicted, most felons serve their time and generally are released with the understanding that they’ve paid for their crime. Not so with sex offenses, however. Full Article  

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FL: Landlord Bucks Trend, Offers Housing to Sex Offenders

Laws that restrict where sex offenders can live when they are released from prison leave many homeless, but one south Florida apartment manager is providing housing opportunities by leasing apartments to offenders on liberal terms. “I just believe that everybody deserves a second chance,” said Pamela Eaton, the manager of Fairfield Apartments in south Fort Myers. She indicated her goal is to help sex offenders become independent and productive citizens, “because everybody makes mistakes.” She considers post-release housing one step in that direction. Full Article

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TX: Mom Upset Sex Offender Allowed Near Kids in Pee Wee Football League

SHEPHERD, TX (KTRK) — A San Jacinto County mother says she couldn’t believe it when she saw a man she considered an assistant coach on her five-year-old son’s pee-wee football team listed online as a sex offender. “I was shocked. I was very upset, very angry. There’s really not a word for it,” she says. “My son’s five years old, this man’s out here on the field with my son, and for no one to notify me of it before I sign my son up or before they sign the…

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AZ: Arizona’s Naked Photo Law Makes Free Speech a Felony

Which of the following could land you a felony conviction in Arizona? Showing images of naked prisoners tortured at Abu Ghraib; Linking to the iconic Pulitzer Prize-winning photograph of “Napalm Girl,” showing an unclothed Vietnamese girl running from a napalm attack; Sharing a close-up photo of a woman’s breast with a breastfeeding support group; Waving a friend over to see a cute naked baby pic — like the one you see on this page. Unfortunately, the answer is all of the above. That’s because Arizona recently passed a law that…

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MA: Outraged Mom, Allegedly Assaults Neighbor Who Faces Child Porn Charges

A Massachusetts mom faces felony charges after she admitted to assaulting her neighbor, who had returned home after being arrested on child porn charges. According to a police report obtained by The Smoking Gun, Nicole Pelletier, 42, entered Gary Spring’s condo through an unlocked door the evening of Sept. 22. Full Article

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NY: Judge Rejects Sex Offenders’ Challenge to Residency Laws

The claims of nine convicted sex offenders that New York state, county and town sex offender registration requirements and residency restrictions are unconstitutional have been dismissed by a Brooklyn federal judge. But Eastern District Judge Pamela Chen (See Profile) also dismissed without prejudice their claim that state residency laws preempt more restrictive local laws. Full Article

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CT: Norm Pattis – Courts create special rules for sexual misconduct cases

A future historian might one day write the following of our time: “Despite a generally permissive culture in which sexually suggestive photographs were used to advertise products ranging from toothpaste to cars, 21st century Americans nonetheless harbored draconian and puritanical laws involving sexual misconduct. It is almost as though they were afraid of the very desire they relied upon to entertain and to titillate themselves.” Full Op-Ed Piece

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NJ: Supreme Court – Sex offenders who served their time can’t face penalties under new laws

Sex offenders can not be subjected to punishments under newly created laws if they committed their offense and served their time before the legislation was passed, the state Supreme Court ruled in a 4-3 decision Monday. In 1986, ____ ____ was convicted of aggravated sexual assault on a minor and given a 20-year sentence. About six months after his release in 2009, when ____ was under no form of parole, the parole board said he would have to comply with the 2007 Sex Offender Monitoring Act meaning that he would have to…

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IN: Court – Sex offender doesn’t have to register

MUNCIE – A Muncie man convicted of sex crimes in Florida does not have to register locally as a sex offender, the Indiana Court of Appeals has ruled. In a 3-0 ruling, the appeals court also ordered local authorities to dismiss two criminal charges pending against 44-year-old ____ ____ ____ that stemmed from his failure to register with the Delaware County Sheriff’s Office. Full Article

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ADVANCING ADVOCACY Workshop Sept 24 (National RSOL)

Join RSOL on fourth Wednesdays (Wed, September 24, 2014 8:00 PM – 9:30 PM E.S.T. – Teleconference) to learn tips and get answers to questions surrounding sexual offense laws and policies, seeking change among lawmakers and the general public, and in general becoming a better advocate. We will be covering everything from basics to more detailed suggestions on how to approach lawmakers and build working relationships. Topic this month: Storytelling for Change – Phil Horner Phone line will open at 7:45 p.m. E.S.T. for early birds. Call in information will be…

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DC: US attorney calls for an end to statute of limitations in sex crimes

WASHINGTON – The U.S. attorney for the District of Columbia is urging the D.C. city council to eliminate the 15-year statute of limitations on sex crimes. U.S. Attorney Ron Machen says advances in DNA have erased the need for such a law. But a bill that would wipe the statute off the books has gone nowhere since being introduced early last year. Since at least 2004, the U.S. Attorney’s Office has repeatedly asked the D.C. city council to eliminate the statute of limitations on sex crimes. The council members have listened.…

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SC: Public university required students to submit sexual history or face disciplinary action

Clemson University is requiring students to reveal how many times they’ve had sex in the past month and with how many partners.  In screenshots obtained exclusively by Campus Reform, the South Carolina university is asking students invasive and personal questions about their drinking habits and sex life as part of what they’ve billed as an online Title IX training course. Full Article

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UT: Sex offenders driving up prison population

Prison populations around the country have been in steady decline for the past 10 years. In Utah, it’s a different story. The number of men and women in the state’s prison system has continued to rise, with the highest drivers being nonviolent criminals and sex offenders, who are staying in longer and taking up more beds than ever before, according to data collected by the Pew Charitable Trusts. Sex offenders now take up 42 percent more beds than they did 10 years ago, making them the largest group inside the…

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AK: How We See It – Sex Offender Laws Need Another Look

Is it assuming too much to believe any substantial changes to the state’s sex offender laws is dead on arrival at the state Legislature? Will they even arrive? Arkansas lawmakers approved creation of a sex offender registry in 1997, joining other states and the federal government in establishing new penalties and handling for people convicted of sex-related crimes, particularly against children. These laws varied state to state, but had at least a couple of similarities. They require convicted sex offenders to register with local and state authorities so their whereabouts…

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