TALLAHASSEE, Fla. (AP) – A Florida appeals court has decided that posting threats on one’s personal Facebook page can be prosecuted under the state’s “sending written threats to kill or do bodily harm” law. The 1st District Court of Appeal on Monday ruled in a case that a Facebook post could be considered a “sending” for the purposes of the law. Article
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Too Many Restrictions on Sex Offenders, or Too Few?
NY Times – Room for Debate: Lawmakers have to ask what restrictions make people safer, and which just create new problems like camps of homeless sex offenders. Full Article (5 Articles)
Read More‘Congressional Research Service’ Report, Recommends Increasing Good Time Credits and Reinstating Parole for Federal Offenders
‘Congressional Research Service’ Report, Recommends Increasing Good Time Credits and Reinstating Parole for Federal Offenders. [FCN/INST-170203] – Historic, Groundbreaking ‘Congressional Research Service’ 2013 Report – Recommends Increasing Good Time Credits and Reinstating Parole for Federal Offenders. FedCURE Special Report: Alleluia! After more then twenty-five years of campaigning for federal criminal justice reforms, to reduce the federal prison population, comes an historic, ground-breaking 2013 report, from of all places the Congressional Research Service (CRS)* titled, “The Federal Prison Population Buildup: Overview, Policy Changes, Issues, and Options.” The report documents the United…
Read MoreNJ: Proposed Megan’s Law update aims to protect evacuees
TRENTON — Legislators approved a bill this month that will strengthen Megan’s Law to ensure state agencies do not place homeless and evacuated families near registered sex offenders. The issue was brought to light last year during a train derailment and subsequent evacuation in Paulsboro. A family with two teenage daughters was relocated to a Gibbstown motel that also housed a registered sex offender. State Sen. Fred Madden, D-Gloucester, called the bill he sponsored “common-sense legislation” that will close a dangerous loophole in the law. Full Article
Read MoreNM: Mass sex offender transfer planned
The state Department of Corrections plans to start moving the first of up to nearly 300 violent or predatory sex offenders to a privately run detention facility in Otero County next month — despite objections from lawmakers. Corrections officials say the move will save money and provide better treatment options for sex offenders “who will be released” at some point. But the plan is drawing fire from key legislators, who question the wisdom of putting 288 predatory sex offenders in what they described as a “county jail.” Full Article
Read MoreNJ: 14-Year-Old New Jersey Girl to Register as Sex Offender After Posting Nude Photos on Myspace?
A 14-year-old New Jersey girl is facing child pornography charges for posting almost 30 nude photos of herself on MySpace. If she is convicted, the girl may have to register as a sex offender. According to The Daily News, this case is just one example of a larger effort by law enforcement officials across the country to crack down on child pornography. Prosecutors now routinely bring charges resulting from kids sending nude photos to one another over cell phones and e-mail. This case may be unique in that it is…
Read MoreOH: Dublin rec center ups screening for sex offenders
People wishing to swim at Dublin’s two pools or exercise at its recreation center will have their names and photos checked against state and national sex-offender registries. If there’s a match, the person won’t be allowed in and Dublin police will be called. The city council, in approving the measure last week, said it is simply one more step toward ensuring the safety of others. Others see it differently. Full Article
Read MoreSC: Boyfriend gets lifetime sex offender status for cellphone video
COLUMBIA, S.C. — ____ ____ will spend the next 18 months in a federal prison for 15 minutes worth of sex videos he made with his teenage girlfriend. The girlfriend, who knew ____ was videoing at the time, was 16– which made her a minor under a federal sex offender law meant to apply to serious sex crimes. Having the video on his cellphone meant ____ violated federal law by possessing child pornography. Full Article
Read MoreFederal: Failure to Register as a Sex Offender: A Legal Analysis of 18 U.S.C. 2250
Section 2250 outlaws an individual’s failure to comply with federal Sex Offender Registration and Notification Act (SORNA) requirements. SORNA demands that an individual—previously convicted of a qualifying federal, state, or foreign sex offense—register with state, territorial, or tribal authorities. Individuals must register in every jurisdiction in which they live, work, or attend school. They must also update the information whenever they move, or change their employment or educational status. Section 2250 applies only under one of several jurisdictional circumstances: the individual was previously convicted of a qualifying federal sex offense;…
Read MoreMI: RSO Freezes to Death – Federal District Court Case
In a unique way this judge resolves the issue so that it cannot happen again. And retains jurisdiction, apparently forever. In essence, overnight shelters ARE NOT a residence under MI SORA’s residency law. Full Article / Decision
Read MoreOH: Web sites profiting from mug shots sued
There’s a good chance that if you’ve been arrested in the past decade, your mugshot is available online, probably on numerous Web sites. A Toledo-based lawyer, Scott Ciolek, is taking on at least five of these sites, of which there are dozens, in a class-action lawsuit filed Monday in Lucas County Common Pleas Court. The suit claims that more than 259,000 Ohioans have been cataloged on various mugshot Web sites and, to have a photo removed — even if an individual has been found not guilty or the charges were…
Read MoreNJ: Emails show FBI investigating Sen. Bob Menendez for sleeping with underage Dominican prostitutes
Documents published online for the first time Thursday indicate that the FBI opened an inquiry into New Jersey Democratic Sen. Bob Menendez on August 1, 2012, focusing on repeated trips he took to the Dominican Republic with longtime campaign contributor and Miami eye doctor Salomon Melgen. The DC reported in November that Menendez purchased the service of prostitutes in that Caribbean nation at a series of alcohol-fueled sex parties. Full Article
Read MoreIN: Facebook Sex Offenders Ban Ruled Unconstitutional By Indiana Court
INDIANAPOLIS — An Indiana law that bans registered sex offenders from using Facebook and other social networking sites that can be accessed by children is unconstitutional, a federal appeals court ruled Wednesday. The 7th U.S. Circuit of Appeals in Chicago overturned a federal judge’s decision upholding the law, saying the state was justified in trying to protect children but that the “blanket ban” went too far by restricting free speech. The 2008 law “broadly prohibits substantial protected speech rather than specifically targeting the evil of improper communications to minors,” the…
Read MoreIN: RSOs and Social Media Prohibition
A recent Indiana statute prohibits most registered sex offenders from using social networking websites, instant messaging services, and chat programs. John Doe, on behalf of a class of similarly situated sex offenders, challenges this law on First Amendment grounds. We reverse the district court and hold that the law as drafted is unconstitutional. Though content neutral, we conclude that the Indiana law is not narrowly tailored to serve the state’s interest. It broadly prohibits substantial protected speech rather than specifically targeting the evil of improper communications to minors. * *…
Read MoreWY: Committee defeats banning sex offenders near child care sites
CHEYENNE — A Wyoming legislative committee on Monday defeated a bill that would have banned sex offenders from living within 1,000 feet of child care facilities. The House Judiciary Committee voted 7-2 against the bill sponsored by Rep. John Eklund, R-Cheyenne. “The intention of this bill is to have the same protection for under school aged children that we do for school children,” Eklund said. He said there have been instances were sex offenders have moved in next to established day care facilities. Steve Corsi, director of the Wyoming Department…
Read MoreTX: Proposed law would force sex offenders to list crimes on social media profiles
SAN ANTONIO — Texas Voices, a group dedicated to supporting registered sex offenders and their families, estimates 111 new names hit the sex offenders registry every week in the Lone Star State. “We’ve already put their names and their faces and all of their information on the public registry for the world to see,” said Mary Sue Molnar, who serves as president of Texas Voices. Full Article
Read MoreTX: Former Ellis County Observer Publisher Gets Three Ten-Year Sentences For Sexual Assault and Indecency With a Child
Two years ago, Joey Dauben was full-time small-town muckraker, publishing the Ellis County Observer and a string of other small papers, blending investigative stories with vicious gossip and baseless speculation at a rate of speed that thrilled and enraged his target audience. He focused intensely on child pornography and child sex abuse, alleging that child porn rings were rampant on Facebook, which he called “the breeding ground of a massive, global, inter-connected, sick and sadistic, electronic child porn, child-sex trafficking ring.” But in December 2011, Dauben, now 32, became the…
Read MoreOK: Sex offender law changes may be coming to Oklahoma
OKLAHOMA CITY – A stunning change involving sex offender laws could be making its way to Oklahoma. “I think it can open up an opportunity but being in prison around other sex offenders, if they want to reoffend, they’re going to find a way,” sex offender _____ _____ said. “If a person want [sic] to do something, they’re going to find it, if it’s the daycare down the street or church or a kid walking home from school.” _____ is a registered sex offender. It is labeled on his driver’s license,…
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