The Alliance for Constitutional Sex Offense Laws (ACSOL) is dedicated to protecting the Constitution by restoring the civil rights of registrants and their families. In order to achieve that objective, ACSOL will educate and litigate as well as support or oppose legislation. The ACSOL website and recordings are provided as a service to registrants, registrants’ families, and others for general information only. The information on the website and in the recordings are not designed to provide legal or other advice or to create an attorney-client relationship. You should not take, or refrain from taking, action based on their content. Prior results and case studies do not guarantee a similar outcome in future representations. ACSOL accepts no responsibility for any loss or damages that may result from accessing or reliance on content on the ACSOL website and recordings and disclaim, to the fullest extent permitted by applicable law, any and all liability with respect to acts or omissions made by registrants, registrants’ families and others on the basis of content on the ACSOL website.
Important News / Announcements
Janice's Journal
General News Feed
‘Operation Boo’ nets convicted pedophiles
PASADENA, Calif. (KABC) -- Police officers and parole agents were out in force in the San Gabriel Valley on Halloween night, making sure convicted pedophiles weren't trying to lure trick-or-treaters into their homes. It was all part of "Operation Boo." At a motel in El Monte, officers arrested a registered sex offender. Authorities say he violated his parole by keeping Halloween candies in his room. "This...
AZ: Professor – Halloween sex offender scare is a myth (CBS5 News)
PHOENIX (CBS5) - It's something you hear about every Halloween - to be on the lookout for convicted sex offenders preying on Valley children. But CBS 5 News has learned that the Halloween sex offender scare may be just a myth. CBS 5 News contacted law enforcement agencies in Phoenix, Mesa, Glendale, Peoria, Scottsdale and Surprise. None of the police departments have reported any problems involving a sex offender and children...
General Comments November 2013
Comments that are not specific to a certain post should go here, for the month of November 2013. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
Conservative Governors Take On the Mugshot Racket
Last week, a New York Times article titled “Mugged by a Mugshot Online” described the dubious business of mugshot extortion. Dozens of companies acquire the post-arrest mugshots — which are public records — of individuals who may or may not have been convicted. They then post the pictures on a website and charge a fee — sometimes in the hundreds of dollars — for removal. Moreover,...
Sex Offender Residency Restrictions Serve No Purpose
Under Jessica’s Law, sex offenders in San Francisco are barred from residing within two thousand feet of any school or park where children regularly gather. Due to San Francisco’s limited size and dense population, it is nearly impossible to find housing outside of this restricted zone. Consequently, the number of homeless sex offenders living in San Francisco has surged since the implementation of the restriction....
Sexting scandal exposed: 30 teen girls in 7 San Diego schools, felony charges
A sexting scandal which began when a dozen San Diego teen girls sent nude photos of themselves to their boyfriends is a rude awakening that sending nude pictures on the internet is considered a criminal offense. “Police say possessing and distributing these types of images is considered child pornography and is against the law,” reported San Diego’s 10News on Oct. 30, 2013. Full Article More: http://www.nbcsandiego.com/news/local/Charges-To-Be-Filed-in-Teen-Sexting-Ring-229646361.html?_osource=SocialFlowFB_SDBrand
Halloween Sex Offender Laws Are Unjustified
Kids aren't the only ones letting their imaginations’ fears run wild on Halloween: parents, politicians, and police officers across the country are continuing to support laws that ban registered sex offenders from participating in Halloween, despite evidence that these policies are unnecessary and harmful. Full Article
VA: It’s Time to Reduce, Reconstruct, Reclassify, Rethink and Reform the Virginia Sex Offender Registry
Overestimating Sex Offender Risk: The Static-99R Has Produced an Epidemic of False Positives in Florida. How Many Other States are Using This Flawed Assessment Tool and are Indefinitely Committing Citizens Who Pose No Risk? Full Article
Panic Does Not Make for Good Policy
Sexual violence, like other forms of violence, is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are appropriate and effective. The U.S. legal landscape was reshaped by federal laws passed in the mid-1990s, in response to heinous but statistically unusual crimes involving stranger abduction, rape and murder. The Wetterling Act required...
OH: Councilman tables own proposed ordinance on sex offenders
AMHERST — A proposed ban which would have prevented registered sex offenders living within the city limits from participating in Halloween will have to wait.At a committee meeting Monday, Phil Van Treuren made a motion to table the ordinance which he promoted one week ago through a news release.Van Treuren said his proposed ordinance was recommended after seeing the Village of Orwell in Ashtabula...
No evidence of more sadism, sex crimes during Halloween
Every year, parents nationwide are vocal about the dangers of Halloween. Child abduction, poisonous candy and cryptic messages and pranks from Halloween sadists are just a few of the concerns expressed each year by 24 percent of parents with children under 12 years old, according to a 2011 Harris Interactive poll. However, empirical evidence doesn't validate such concerns. Full Article
FL: Black swan crash lands on Florida SVP program
Dan Montaldi’s words were prophetic. Speaking to Salon magazine last year, the former director of Florida's civil commitment program for sex offenders called innovative rehabilitation programs "fragile flowers." The backlash from one bad deed that makes the news can bring an otherwise successful enterprise crashing down. Full Article
New Legislation signed by Gov. Brown (“Ban-the-box” / Cert. of Rehabilitation) UPDATED
Several pieces of new legislation were signed into law by Governor Brown earlier this month that might of interest here. Among them are a prohibition of asking for information about criminal records on employment applications ("ban the box"), as well as a possible discretionary shortening of the waiting period for a Certificate of Rehabilitation if the "interest of justice is being served". Full Article /...
Fear the Bogeyman: Sex Offender Panic on Halloween
It can be said that sex offenders are the new bogeymen, mythical monsters invented to scare children into social order. People convicted of sex offenses, and subsequently placed on the public registry, are transformed into a concept of evil, which is then personified as a group of faceless, terrifying, and predatory devils. It would appear that this strategy is used to keep sex offenders...
MI: Legislation would force sex offenders to pay to be on registry [UPDATED]
Legislation passed by the Michigan Senate in Lansing would require registered sex offenders to pay an annual fee to help maintain the state's sex offender registry. Senate Bill 221's sponsor, state Sen. Rick Jones, said it is ready for the governor's signature. "These are people who committed crimes," said Jones, R-Grand Ledge. "I do not believe that the hardworking taxpayers in Michigan should foot the bill...
OK: Sex Offender Law Successful Challenge Sets Stage for Other Jurisdictions
Recent decisions have relied on the reasoning of the US Supreme Court in Smith v. Doe when analyzing challenges to sex offender registry laws. The Smith decision notoriously held that Alaska's sex offender registry did not violate the US Constitution's prohibition on ex post facto laws. The US Supreme Court held that the Alaska registry was constitutional by applying a two-step analysis: first, determining whether the legislation was intended...
In Defense of Rational Sex Offender Public Policy and Laws
The past several weeks I have been researching the sex offender laws applicable for sex offenders living in Rhode Island and in South Carolina. While not surprising, the laws are anything but rational and they are certainly not empirically based. This goes across the board, not merely in Rhode Island or South Carolina but at both the state and federal levels. The Adam Walsh...
Transmitting Child Porn Case Overturned
Every era in human history has its version of a witch hunt. In the late 1600's, colonial Massachusetts put many people to death via hanging, or burning at the stake, because these folks "confessed" to being witches. In my view, part of what qualifies any government activity as a "witch hunt" involves examining the large gap between the punishment and the crime. Burning at...
Bubba the Love Sponge warns communities about sexual offenders
It's nearly Halloween. A time for little ghouls and goblins to dress up for Trick or Treat. Tampa radio personality Bubba the Love Sponge is worried about some real scary people. Bubba asked listeners to let him know where sexual offenders are located in their neighborhoods. He says he then went onto the FDLE web site to verify the information and went says he went one...
10-Year-Old Boy Required to Register as a Sex Offender
Two years ago, the U.S. Department of justice prosecuted a 10-year-old boy for aggravated sexual assault on five boys, ages 5-7. The assaults happened on an Army base in Arizona, which is why the DOJ was involved. After winning a delinquency judgment (the equivalent of guilty in juvenile court), the boy was sentenced to five years probation and required to participate in mandatory psychological treatment. He...