NY - Sex Offenders and Social Media in New York State

Our Comments:
The law is lumping all ex-sex offenders into one group, the worst of the worse, and that is why it's unconstitutional. Probation / parole can already set guidelines on who can do what, so this is just another un-needed law made by some politician who is exploiting fear, children and ex-sex offenders to help their own careers.

It is time for the people who took oaths to defend the Constitution, to do so!!!!!

And we are also sick and tired of the biased media, who are suppose to report all the facts, and not their own personal hate and biasness, using the term sex offender, child molester, pedophile and predator as if they are all the same. THEY ARE NOT! So stop misusing the terms. It's reporting like this why the hysteria is still going strong, but maybe that is your goal in the first place?

Video Description:
Criminal Defense Attorney Thomas Carr of Albany, NY discusses New York State laws pertaining to Sex Offenders and Social Media.

A federal judge in Chicago said it is unconstitutional for states to ban all sex offenders from social media sites. The ruling came after an Indiana sex offender who was no longer on probation challenged a state law.

It was a very, very broad ban, if you were a sex offender you couldnt register and you couldn't be on Facebook, said Thomas Carr, a partner with Tully Rinkey PLLC.

In 2008, New York enacted the Electronic Security and Targeting of Online Predators Act (e-STOP). Authorities have since used provisions to take thousands of sex offenders offline. E-STOP requires offenders to register their email addresses, screen names and social media accounts with the state. The information is then provided to social media sites that request the data. New York only prohibits some sex offenders from using the websites as part of probation requirements.

More than two dozen social media websites, including Facebook, ban sex offenders as part of their Terms of Service. The federal ruling does not apply to the sites because they are private companies.

Some sites do not have an outright ban on sex offenders and do not cross-check the information on the state database with their usernames, which is why experts continually suggest parents take steps at home to monitor computer, gaming and smartphone use.

Were always concerned about safety for kids and this is concerning. it really highlights and makes it more important for a parent to be involved with the kid's online presence, said Andy Gliplin, Director of Program Services at CAPTAIN Youth and Family Services. Really take advantage of the parental controls that are out there with a lot of the sites, gaming consoles, and different access points to the internet.

GERMANY - Kid Gets Strippers For His Birthday Party

We believe that is German at the end of the video. If this were done in the USA, the parents and the strippers would probably now be in prison and eventually on the sex offender registry for life. They never say how old the kid is, he could be of legal age.

NO NUDITY!

MN - Report: Hundreds of Sex Offenders Released Before Completing Treatment

Original Article

01/24/2013

By Steve Tellier

Hundreds of convicted sex offenders are ordered to complete treatment while in prison but are released without doing so. And even the Minnesota Department of Corrections admits those convicts are more likely to commit another sexual crime once they're back on the street.

"The department is very concerned about the risk of all sex offenders," said Steve Allen, the director of behavioral health sciences at the DOC.

That concern was clear in a new DOC report presented to the legislature last week. It states that in Minnesota, there are about 1,800 sex offenders behind bars who are supposed to complete a treatment program before being released. But only one in three ever enter that treatment, let alone complete it. A 2010 DOC report showed those who are released before participating in treatment are about six percent more likely to commit another sexual crime.

"That really is a disappointing figure," said Donna Dunn, the executive director of the Minnesota Coalition Against Sexual Assault. "We know that sex offender treatment can work and does work. We know that that is something that is incredibly important for offenders to go through. When that doesn't happen, we know that public safety is compromised."

The DOC does make sure the most serious offenders are the ones who get spots in the prison treatment program, and the ones who don't are passed on to community-based treatment and supervision after they're released.

"The research tells us to put the resources where the risk is," Allen said.

The problem is that resources are lacking.

"We would need funding to expand our treatment," Allen said.

The DOC's budget has recently remained flat, and Gov. Mark Dayton's budget proposal doesn't include any additional cash.

"Preventing sexual violence has got to be a priority," Dunn said.

The chair of the House Public Safety Finance and Policy committee, Rep. Michael Paymar (DFL-St. Paul), said the legislature is looking for ways to get the DOC more money and resources for offender treatment.

IN - Community speaks out about social network ruling

Original Article

01/24/2013

By Holly Campbell

LAFAYETTE (WLFI) - An Indiana law banning registered sex offenders from using social media sites like Facebook and Twitter was found unconstitutional by a federal judge.

"I think a lot of that falls into the parents responsibilities, but then what do you do for those children that don't have parents involved. I think it is wise for the community to try and protect them," Rochelle Jones of Lafayette said.

Last June U.S.. District Judge Tanya Walton Pratt upheld the law saying the state has a strong interest in doing just that, protecting children. Pratt said social networking provides sexual predators the ability to prey on children.
- It also provides a way for scammers to target victims and ruin their lives as well, or gang members to recruit new children into their gangs, or thieves to find when you are or aren't home, but we don't see you passing laws to prevent that.

The American Civil Liberties Union of Indiana filed the class-action lawsuit on behalf of a man who served three years for child exploitation. They appealed the June ruling and agree with the most recent ruling that the law was too broad.

"Indiana has already made it a crime to engage in, as I said, not only solicitation just sort of succeeding in doing something horrible but even inappropriate communication with children that's already illegal, so what you're asking is that we are going to make any contact with social media illegal and that's just too broad," Indiana ACLU Legal Director Ken Faulk said.

Just last week a Crawfordsville man was arrested for seven felony counts of sexual misconduct with a minor after using social media to make contact with the minor. According to court documents, 53-year-old [name withheld] met a 15-year-old boy on Facebook. He committed sexual acts at least 6 times with the boy over a span of 18 months. [name withheld] was not a registered sex offender.
- So punish the individual not an entire group!

AL - Law regulates sex offenders, even on social media

Original Article

01/24/2013

By Christy Hutchings

BIRMINGHAM (WBRC) - A federal appeals court has ruled that an Indiana law banning registered sex offenders from Facebook is unconstitutional.

The ruling won't affect us in Alabama, because we take an entirely different approach when it comes to social media.

Alabama has one of the strongest laws in the country when it comes to sex offenders. And while the state does not ban sex offenders from using social media sites they regulating what they can do. These laws so far haven't been seen as unconstitutional and haven't been challenged.

The Internet can be a sexual predator's playground.

"We think about our children and restricting their access to computers, however now with technology and phones out there it's in the palm of their hand," Sgt. Jacob Reach with the Jefferson County Sex Offender Unit said.
- Well, get rid of the phone!  Be a parent, stop letting the government babysit you and your children!

Reach helps monitor the more than seven hundred sex offenders in Jefferson County and he will be the first to tell you, convicted sex offenders are drawn to social media.
- What a crock!  This is fear mongering BS!  Ex-offenders use social media for the same reasons you do.  Some may be using it for what you mentioned, but it's rare!

"They are going to find a way to access children and social media is easy access," Reach said.
- Not all ex-sex offenders are out looking for kids to molest.  Clearly this man is biased in his personal opinions, which aren't based on the facts.  A study was done awhile back (here) which shows that most children are approached by their peers, not some stranger.

Facebook, Twitter, and Instagram are all ways for a predator to reach children. But here in Alabama there are strict laws in place protecting potential victims. On top of sex offenders having to register where they live or work, they also have to notify law enforcement of social media sites they belong to and share email accounts.

"For example, if they have a Facebook account we'd have access to it to look at the account to make sure [an offender is] not posting pictures of himself with children sitting in his lap and he's not allowed to reside with children and that would allow us to investigate further to ensure their safety," Reach said.
- This is not exactly true.  You may have their account name, but you don't (I don't think) have their passwords.  If you do, then that is clearly a violation of their rights, and if they have the profile non-public, then you cannot see anything they say or do.

Jefferson County issues close to 250 warrants a year for sex offenders who aren't in compliance with the law.

"These offenders know we stay on top of them," Reach said.

Reach says parents need to talk to their children about the danger of sexual predators. If someone, your child doesn't know sends them a request on Facebook Reach says do not accept that request and to tell your parents at once.

NC - Knock and talk should be called stalk and harass!

Original Article

If you are not on probation or parole, then you don't have to answer the door or any of their questions, and we'd recommend you don't either. Just show them your ID, and leave it at that, don't answer any questions.

01/24/2013

By Alicia Banks

SHELBY — A Cleveland County Sheriff’s Office SUV followed close behind an unmarked law enforcement vehicle. Both navigated the tight streets behind Holly Oak Park in Shelby.

Four men emerged from the two vehicles. They walked to the front door of a brick home on Osborne Street. A woman answered the door and spoke briefly to Cleveland County Sheriff Alan Norman.

“I spoke with the registered sex offender’s mom who told us where her son worked,” Norman said. “That information was consistent with our last visit.”

Sheriff’s office deputies conducted surprise “knock-and-talks knock-and-harass” across the county Wednesday. They visited about 104 homes.

The unannounced checks by the sheriff’s office are an effort to make sure registered sex offenders are staying in compliance with state laws.

“We want to ensure more safety from these individuals,” Norman said.

The county has 236 registered sex offenders. Some are currently detained in the county jail or in N.C. Department of Correction facilities in the state.

Multiple visits each year

The sheriff’s office is required, by law, to check on registered sex offenders at least once a year.
- Yes, once a year, after they register, to check that they are living where they say, but that is it, and anything more is harassment.

Deputies focused on three categories of convicted sex offenders during the two-day operation this week: aggravated, those who engaged in violent or forced sexual acts with someone of any age or younger than 12 years old; recidivists, or repeat offenders; and sexually violent predators, persons convicted of violent sexual offense with a mental abnormality or personality disorder.

“We do it multiple times per year,” Norman said.
- Which is basically harassment!

The department conducted a similar operation on Halloween, when sheriff’s deputies visited about 60 registered sex offenders across the county.

There isn’t a specific time when the knock-and-talks knock-and-harass happen, Norman said.

Protecting children

Deputies from various divisions, including community-oriented policing, school resource and patrol officers, assist with the operations.

“We haven’t had an increase in personnel in more than 10 years,” he said. “We can put these operations together in as short as a day and half’s notice.”

Norman said it’s “absolutely necessary” for his department to routinely check on sex offenders living in Cleveland County. He stressed the importance of protecting children through all means possible.
- Whatever you say!  If you really wanted to "protect" children through "all means possible," then you'd be taking the kids away from their parents, since most sexual abuse happens by those the child knows.

A N.C. General Assembly law bans sex offenders from using social networking sites such as Facebook because children are permitted to use them.
- Which is also unconstitutional!

But the 7th U.S. Circuit Court of Appeals in Chicago ruled Wednesday that an Indiana law banning sex offenders from using social networking sites is unconstitutional, noting it restricted free speech.

“I absolutely don’t agree with it,” Norman said. “Once you commit a crime and are on the registry, you give up your rights and any others that put you in contact with juveniles.”
- As long as you are on probation or parole, we would agree, but after that, you get those rights back, and it's unconstitutional, period, doesn't matter what you think, and just because someone is on the registry and lost some rights, doesn't give you the right to do anything you wish to those people, that is called harassment and corruption!

Twenty registered offenders will likely have follow-up visits in the coming days. Norman said fewer restrictions on offenders could cause them to recommit similar crimes.
- It could, that is a no-brainer, but does it?  Not based on the many studies out there which you all are ignoring!

NY - How 'Stop and Frisk' Is Too Often a Sexual Assault by Cops on Teenagers in Targeted NYC Neighborhoods

Original Article

This is exactly what happens when you let politicians get away with stomping on someone else's rights.  Eventually your rights will also be stomped on.

01/21/2013

By Kristen Gwynne

Teenagers are harassed and violated in ways you can't imagine.

Imagine you're 17 years old. A man with a gun and a badge has stopped you on the street and jammed his hand inside your pants, touching your penis. The girl you have a crush on is watching from nearby. That's the reality for many young men of color in New York City.

Stop-and-frisk is the controversial policing tactic in which street cops looking for weapons stop and pat down young men. Discussions of this policy in the media most often consist of alarming stats, like what percent of men targeted are black and brown ( 87% in New York) or the breach of constitutional rights the searches entail. But the reality on the ground is far less abstract. The policy amounts to a constant disruption of the lives of hundreds of thousands of young black and brown men. It's a belittling experience that could be better described as sexual assault.

I've reported on stop and frisk for two years, and in that time I've talked to young men who have experienced stop-and-frisk, and the stories they tell are harrowing. A black teenager in Bedford-Stuyvesant described how embarrassed he was to have “old ladies” watch as his pants landed around his ankles while police searched him. A 17-year-old in the Bronx explained that police, “They go in my pants. You’re not supposed to go in my pants.” Being touched by a female police officer can be especially upsetting for adolescent males. “It’s annoying because it doesn’t matter what kind of cop it is, female or male, they’re gonna frisk you. If you say something to the female about it, the female says something to you like ‘What? I can do what I want.' And they still frisk you. You can’t say sexual harassment, nothing,” 18-year-old South Bronx resident Garnell told me last year, adding, “And they go hard, grabbing stuff they’re not supposed to.”

Read the entire article here

TX - Lawmaker demands answers after dangerous sex offender's 5th day on the run

Original Article

Halfway houses are not prisons, nor are they civil commitment centers.  They are usually just housing set up by organizations to help ex-felons integrate back into society, help with drugs, etc.  They are usually just the average hotel / motel where ex-felons stay and live together / near each other, to help each other out, and they attend counselling and support groups.  They make it sound like this is the average civil commitment center, which we doubt it is.

01/23/2013

By Randy Wallace

HOUSTON (FOX 26) - In 2003, we uncovered a disturbing sight inside the Reid Center, a halfway house for paroled killers, rapists and child molesters.

A FOX 26 employee with a hidden camera went inside and captured what appeared to be crack smoking and open drug dealing inside the tax-funded halfway house, now called the Southeast Texas Transitional Center.

At the time, the company operating Reid vowed to make big changes. Yet, within just a few months, we once again had our hidden camera back inside.

"Anytime somebody absconds, we're not providing the services that I think we should, that we're required to provide," Parole Director Stuart Jenkins said.

In 2011, FOX 26 Investigates decided to find out just how many dangerous criminals violated their parole by fleeing the halfway house. According to state prison records in 2008, 2009 and 2010, 757 parolees ran off from the halfway house.

That number includes child molesters, rapists and killers. Some have yet to be found. [name withheld] is the most recent dangerous sex offender to take off a tracking device, jump the fence and flee.

"Kind of makes you uneasy," said Carl Durrenberger who lives just a half a mile away from the halfway house. "Do they really have the security they should have? Are they watching those people like they should be watching them?"
- Again, this is not a prison, it's usually just a hotel / motel, and they won't have guards.

[name withheld] is so dangerous; the state placed him under civil commitment, meaning his whereabouts are under constant monitoring.
- From what we've read about civil commitment, it's usually behind razor wire (a prison) and the people cannot escape.  A halfway house is NOT civil commitment!  In civil commitment you see therapists and get help on a daily basis, which this sounds nothing like civil commitment.

"This is the second one in recent months," Texas Senator John Whitmire said.

In the last nine months, three sex offenders civilly committed to the halfway house ran off.
- Clearly this reporter or whomever is saying all this, doesn't know the difference between a halfway house and a civil commitment center.

Whitmire has scheduled a public hearing for February.

"To publicly ask TDCJ officials, the parole officials that send people there, are they confident that this organization, this corporation is doing everything they should," Whitmire said. "I don't want any shortcuts."

Geo Group Inc., which is paid tax money to operate the halfway house, did not respond to our numerous requests for comment.

NY - Families of Registered Sex Offenders: “Remove Misleading Statistics from Web”

Original Article

01/24/2013

Family Members of Registered Sex Offenders Call on Parents for Megan’s Law to remove misleading statistics from their website

Long Island - USA FAIR, Inc., a national advocacy organization formed by the family members of people required to register with the sex offender registry, today publicly urged Parents for Megan’s Law Executive Director Laura Ahern to take down misleading statistics from their website that reinforces the myth of high sex offender recidivism.

“According to the U.S. Justice Department and numerous other agencies and institutions that have researched recidivism (PDF), sexual offenders have one of the lowest recidivism rates in the criminal justice system. Yet, the myth of high sex offender recidivism has formed the foundational falsehood for the never-endng sanctions imposed on law abiding former offenders through the sex offender registry”, said Shana Rowan, Executive Director of USA FAIR.

“While we applaud Parents for Megan’s Law for their mission to protect children, as an entity that is funded in part with public funds, they have an obligation to not mislead the public through the misuse of statistics, such as presenting a study of a sub-set of dangerous recidivists and presenting those findings as representative of the entire population of former sex offenders,” said Rowan.

In a letter sent to Parents for Megan’s Law (PDF) on December 6, 2012, USA FAIR raised objections to statements made on their website, including claims that the “typical” offender against children had committed an average of 280 crimes and has between 360 and 380 victims in his lifetime. USA FAIR pointed out that the sample of this study was not “typical” of former offenders and that even among this subset of high-risk offenders, a small percentage of the subjects were responsible for a disproportionately high number of offenses, which significantly skewed the “average” numbers. In fact, according to Rowan, “When you look at the median numbers of this very study it reveals that half of the subjects committed four or fewer offenses and had three or fewer victims. So even the “typical” subject of this study did not have the number of victims that Parents for Megan’s Law claims. And while three victims is three too many, it is a far cry from the 360 to 380 that their website presents.”

Rowan announced that USA FAIR decided today to go public with its request to Parents for Megan’s Law to correct their website because following several phone calls and emails by Rowan to Ahern to follow-up on the December 6th letter, there has been no response. “Ms. Ahern has every right to disagree with USA FAIR on policy issues, but as long as she takes public money she should present this important issue with facts and not false fears,” said Rowan.

USA FAIR has made shining the light on the myth of high sex offender recidivism one of its top goals for 2013. A 2010 survey by the Center for Sex Offender Management of the U.S. Department of Justice found that 72% of Americans believe that the sex crime recidivism rates are 50% or higher, with a third believing it is more than 75%. Only 3% believe it is less than 25% – even though actual recidivism rates are considerably below 25%. New studies are constantly confirming low recidivism, with the latest being released last month showing a recidivism rate in four states of 10% after 10 years, with rates dropping sharply with years of offense-free tenure in the community. (https://www.ncjrs.gov/pdffiles1/nij/grants/240099.pdf)

“As the loved-ones of people who are required to register, we know that the vast majority of former sex offenders are law abiding citizens today who are just trying to rebuild their lives and be good providers for their families. Once the myth of high sex offender recidivim is firmly dicredited, it will allow us to end our one-size-fits-all approach to sex offender laws and focus our policies on targeting the truly dangerous,” concluded Rowan.

MA - Legislators Propose Overhaul To State Sex Offender Registry

Original Article

The man they are talking about, was deemed a level 1 offender (not likely to re-offend). He committed another crime and now they want to change the law. So I guess they will just label everyone a level 3 (most dangerous) just to "err on the side of safety?" It doesn't matter what laws they pass, if a person is intent on committing a crime, they will.

01/23/2013

By Bob Oakes

BOSTON — A month after the arrest of a Wakefield man on more than 100 charges of molesting young children, some state lawmakers from that area are calling for an overhaul of the system that lets the public know about the presence of convicted sex offenders in their neighborhoods.
- As usual, one man commits a crime, all must pay for it!

The Wakefield man, was previously convicted of indecent assault and battery on a child, but a state board characterized his as a Level 1 sex offender, which prevented release of information about his criminal history.

The lawmakers who’ve filed a bill to reform the state’s sex offender registry all represent Wakefield, including state Sen. Katherine Clark, who joined WBUR’s Morning Edition to discuss the proposal.

PA - Former magistrate (Ross Cioppa) registered as sex offender

Ross Cioppa

Original Article

01/23/2013

RANKIN - A former Rankin magistrate is on the Megan’s Law website as a registered sex offender.

Ross Cioppa, who was the district justice in Rankin for 13 years, had previously been accused of offering favorable rulings for women in exchange for sex.

Cioppa was sentenced to six months house arrest and four years probation after pleading guilty to four misdemeanor criminal counts.

---

Older Story: Original Article

04/12/2012

A former district magistrate in Rankin pleaded guilty to some charges he was facing in connection to allegations that the offered favorable rulings in exchange for sex.

Ross Cioppa will spend four years on probation and six months on house arrest. He was the district justice in Rankin for 13 years.

Cioppa had been charged with bribery, indecent assault and official oppression after two women came forward saying he made sexual advances toward them in court and in return, he would help their cases.

A statement from one of the women in court read: “I went to him for help. He made my life a living hell.”

The bribery charges were withdrawn and Cioppa pleaded guilty to official oppression and indecent assault.

“I just want to make it very clear – this is not a win – I’m not going to try to spin this,” Phillip DiLucente, Cioppa’s attorney, said. “This is a death to his professional career and this has hurt him both professionally and personally.”

Cioppa told the court medications he is taking may be the reason for his behavior.

“None of us are medical doctors,” DiLucente continued. “I think that’s why it was proper and appropriate Judge Rangos had ordered a mental health evaluation so that this can be dealt with properly, appropriately and how it is supposed to.”

Cioppa told the court he was pleading guilty because he was guilty.

“It could have been the medication I was taking. I am remorseful. I know I can’t turn the time back.”

NJ - Assemblywoman Donna Simon: Sex Offenders Should Have to Identify Status on Social Networking Sites

Donna Simon

Original Article

Most of those who are busted in these online stings are not known sex offenders, so forcing them to wear a digital scarlet letter would do nothing to prevent this, and it's just another blanket law that puts all ex-sex offenders into the worst of the worse group, which most are not like this, but hey, she's a politician, so what do you expect?

01/23/2013

State Assemblywoman Donna Simon wants the state to create a law that would force sex offenders to identify their status on social networking profiles like Facebook.

“Anyone who remembers the TV show `To Catch a Predator’ knows they don’t just knock on the door anymore. We can bring a some of the landmark Megan’s Law protects to the Internet,“ Simon said. “It’s almost impossible to open a newspaper these days without seeing another example of a depraved predator hiding his past to victimize another innocent child. Any bit of knowledge that might prevent a tragic crime is essential.”

Simon, a Republican representing parts of Mercer, Middlesex, Somerset and Hunterdon counties, says three recent crimes in New Jersey show the need for the legislation and illustrate how dangerous the Internet remains for children.
- The world is a dangerous place to children, and adults, but do I see you banning people from driving cars because alcoholics drive drunk and kill people?  Or gang members who kill innocent kids from drive by shootings, to name a couple scenarios?

Last year a Bound Brook man who had been convicted of exposing himself to teenage girls was caught responding to personal ads on an online dating site. Earlier this month, a Robbinsville man recently was arrested after flying to Colorado to engage in sexual activity with an investigator he believed was a teenage girl he met on Facebook. And a Pemberton man previously convicted of aggravated sexual assault of a child under 13 was sentenced to life this month after traveling to Rhode Island to have sex with an investigator he believed was an 8-year-old girl he met online.

“These horrific, stomach-turning examples show how important it is for parents and children to know whether the person they’re chatting with is capable of committing atrocious acts,” Simon said. “My plan would give one more tool to the law enforcement officers who work around the clock to protect children from sex offenders.”
- It's idiotic thinking like this is why American's continue to lose their rights. Let's force all gun owners to publish on Facebook that they own a gun, post their address, photo, etc, because a couple people who own guns have killed people! Makes just as much sense, and yeah, it's the same logic.

Simon is sponsoring legislation, modeled after a law enacted in Louisiana last year, that would force anyone required to register under Megan’s Law to identify themselves as a sex offender on social networking profiles. Anyone caught violating that provision could face 18 months in jail and a $10,000 fine.

IN - Facebook Sex Offenders Ban Ruled Unconstitutional

Original Article

01/23/2013

By CHARLES WILSON

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 judges wrote.

"The goal of deterrence does not license the state to restrict far more speech than necessary to target the prospective harm," they said in a 20-page decision (PDF).

The judges noted that the U.S. Supreme Court has also struck down laws that restricted the constitutional right to freedom of expression, such as one that sought to ban leafleting on the premise that it would prevent the dropping of litter.

U.S. District Judge Tanya Walton Pratt ruled in June that the state has a strong interest in protecting children and found that social networking had created a "virtual playground for sexual predators to lurk." She noted that everything else on the Internet remained open to those who have been convicted of sex offenses.

The American Civil Liberties Union of Indiana filed the class-action suit on behalf of a man who served three years for child exploitation and other sex offenders who are restricted by the ban even though they are no longer on probation.

Courts have long allowed states to place restrictions on convicted sex offenders who have completed their sentences, controlling where many live and work and requiring them to register with police. But the ACLU contended that even though the Indiana law is only intended to protect children from online sexual predators, social media websites are virtually indispensable. The group said the ban prevents sex offenders from using the websites for legitimate political, business and religious purposes.

The ACLU applauded the decision.

"Indiana already has a law on the books that prohibits inappropriate sexual contacts with children," including penalties for online activities, ACLU legal director Ken Falk said. "This law sought to criminalize completely innocent conduct that has nothing to do with children."

Indiana Attorney General Greg Zoeller said his office would review the ruling before deciding on the next step.

Federal judges have barred similar laws in Nebraska and Louisiana. Louisiana legislators passed a new, narrower law last year that requires sex offenders to identify themselves on Facebook and similar sites. A federal judge struck down part of Nebraska's law last October.

NM - APS bus stop near sex offender's home

WY - Wyoming bill would release sex offender names following their arrest

Original Article

01/22/2013

By SHANNON WEBSTER

Should someone's name be released instantly following a charge of sexual assault? Lawmakers in Wyoming believe so. On Monday, a bill was moved to the Wyoming State House floor by a 5-4 vote which would require the release of individuals charged with sexual assault, even if those charges are later dropped before going to trial.
- What about all those who are falsely accused of sexual abuse by someone? So much for innocent until proven guilty in a court of law! Does this also include politicians who are accused of a sex crime or any other crime? We doubt it!

Currently, all charges are public record the instant they are filed within Wyoming, except for sexual assault. The names of those accused of sexual assault are not released until a court date is set, often weeks or months after the initial arrest.

Reasons for the change include providing information to the public, ending special treatment of sexual assault defendants, and protecting the public safety.

Opponents point to a number of charges of sexual assault that are false or later dropped before reaching the courts. Those accused of a sexual crime are stigmatized by society, even after being cleared of all wrongdoing.

While the two sides duke it out in the court of public opinion, the bill is likely to have a full House vote before the end of the month.

CA - H.B. to consider changes to sex offender rule

Original Article

01/22/2013

By JAIMEE LYNN FLETCHER

HUNTINGTON BEACH – City Council members will discuss changing an ordinance to allow some exceptions to a ban on sex offenders in city parks.

The council will meet on Tuesday to discuss allowing Police Chief Kenneth Small to make exemptions to the rule based on his discretion, according to city reports.
- Come on, this is just sugar-coating to make it sound less punitive.  We are willing to bet if this passes, this officer will still not allow anyone into the parks.

The changes come on the heels of a lawsuit filed in October, naming Huntington Beach and other Orange County cities, which says that the ordinances that ban sex offenders from parks and other public areas are unconstitutional.

Lake Forest, Costa Mesa and Seal Beach were named in the suit along with Huntington Beach. In December, Lake Forest repealed its ordinance.

As proposed, the new rule says Small can write letters of exemption that would allow certain sex offenders into parks.

The council may also consider an exemption for sex offenders who are parents or guardians or those who work in banned areas but held their jobs before the city's law was passed.

When Huntington Beach officials first approved the ordinance they received some resistance from council members who said the rule was too broad and would unfairly punish those who were not a danger to the community.

Council members who opposed the ordinance, including Mayor Connie Boardman and Councilman Joe Shaw, were careful not to downplay the seriousness of sexual offenses, but both Boardman and Shaw said there are a wide variety of crimes that can brand someone as a sex offender.

Among the examples discussed: A 19-year-old man with a 16-year-old girlfriend could be slapped with the label, as could someone who urinated in public.

"Parents who had offenses decades ago, who are now raising children, (could be) prohibited from going to the park," Boardman said at a previous meeting. "I'm concerned about the constitutionality of this as well."

The council majority in November 2011 approved the ordinance, with most members saying there should not be exceptions.

"I don't want to be sitting up here and say that I had the ability and didn't use it and some child was abused," said Councilman Joe Carchio when the ordinance was first approved. "If it were up to me and I could get rid of them all, I would."
- So you'd be a dictator like Hitler as he exterminated many Jews?

The council meets at 6 p.m. on Tuesday at City Hall, 2000 Main St.

AUSTRALIA - Attack prompts check on sex offender trackers

Original Article

This just shows you how brain dead politicians are. Apparently this man was wearing a GPS and still committed a crime, and this politician thinks something can be done to prevent it. Well, it cannot. A person who is intent on committing a crime, will do so! But you keep living in Fantasy land and wasting more money trying to prevent something you cannot.

01/22/2013

By Eric Tlozek

Premier Campbell Newman says the State Government will make sure a program to track the location of sex offenders is working properly.

A man on a dangerous prisoner supervision order has been charged over a weekend attack on a 31-year-old woman at Wacol in Brisbane's south-west.

Mr Newman says he wants authorities to check if the system for fitting GPS trackers to sex offenders could be improved.

"Look I believe the program is one that works," he said.

"Can it be done better? Yes."
- How?  Magic pixie dust doesn't exist yet!

"And will we be looking at ways to improve the safety of security of Queenslanders through this and other initiatives? Yes we will."

NH - Local lawmaker proposes bill to study sex offender registry

Original Article

01/22/2013

By Danielle Rivard

A local lawmaker hopes to prompt a study of the state’s sex offender registry.

State Rep. Timothy N. Robertson, D-Keene, says each sex offender’s case should be treated individually instead of a one-size-fits-all approach.

There are different levels of punishment for different types of sex offenses, and Robertson says offenders should not automatically have to register at the level their crimes are associated with, for example if someone is convicted of a felony, they are at a different level of the registry than someone convicted of a lesser crime.

A 30-year-old man who sexually assaulted a 4-year-old child should not get the same punishment as a 20-year-old who was drunk and “seduced” by a 15-year-old girl who looks mature for her age, he said.

Robertson authored a bill this year to create a team of three state representatives and two senators to review and study the effects of the sex offender registry.

Federal law requires people convicted of sex crimes to register with the state as sex offenders; their names and addresses are publicly available.

There are three tiers of sex offender registration, based on the type of crime committed. One tier requires the offender to be on the registry for 10 years, while the other two require the offender to be on the registry for life.

The bill states as part of its study, the committee will evaluate whether any changes to the registry’s law should be made and to determine whether certain offenders should be allowed to ask the court to be removed from the registry after a period of time.

As a member of the House Criminal Justice and Public Safety Committee, Robertson said he’s seen many different sex offender cases, such as the case of the 20-year-old man and the 15-year-old girl.

A few 20-year-old men were drinking together at a party and some girls who looked of age showed up. One of the men who never met one of the girls before had sex with her because she was willing, Robertson said in a recent interview.

It turns out the girl was 15, on probation, and told her probation officer what happened. The probation officer then had no choice but to have the man arrested, who then served four years in prison for it, Robertson said.

Since the man got out of prison he has never committed another crime and has been trying to make a living for himself. But he still has to report to police every few days and for the rest of his life he’s considered a child molester, Robertson said.

“There has to be a way to have (the man’s) punishment modified,” Robertson said. “I don’t believe in fixed sentences.”

Advocates for sexual assault victims at the Monadnock Center for Violence Prevention in Keene say they are in favor the committee’s creation because it will evaluate the sex offender registry laws.

From this, advocates hope to see more thorough assessments of offenders when their cases are reviewed.

But the bigger issue is the lack of prosecution on sexual assault cases and the safety of the public, advocates say.

Because there are too few prosecutions of sex assaults to begin with, the bill raises a different discussion “that is in favor of what we really need to be doing about sexual violence and sexual assaults on adults and children,” said Robin P. Christopherson, executive director of the center.

The sex offender registry is one tool meant to protect victims, Christopherson said. But the problem is that perpetrators often get charges reduced so they don’t have to register as a sex offender, and that protection is lost, she said.

Robertson’s bill will be assigned to a House committee, which will review the bill and hold a public hearing on it.

WI - Where Should Sex Offenders Live When They're Released?

Original Article

Anywhere they want!

01/21/2013

By Heather Asiyanbi

After they've served their time, sex offenders by statute must be released into the communities where they committed their crimes. Understandably, this doesn't sit well with potential neighbors, but they have to go somewhere, right?

The almost-release of convicted sex offender [name withheld] into the Manree Park neighborhood touched a deep nerve throughout the community.

Judge Eugene Gasiorkiewicz temporarily rescinded his release order because one of [name withheld]'s victims lives just a block or two away from [name withheld]'s proposed residence at 918 Lathrop Avenue.

[name withheld] was convicted first in 1987 of second degree sexual assault and served an 18-month sentence. He was then convicted of attempted burglary and got a five-year stint in prison. Then, in 1994, he was convicted of attacking two 12-year-old girls. After he served his sentence, he was found to be sexually violent under Wisconsin's 980 law (PDF) and committed to the Sand Ridge Secure Treatment Center in Mauston.

State statute says that sex offenders have to be released back into the communities where they committed their crimes so [name withheld] will live, albeit under strict supervision, somewhere in Racine County. The trick, according to Lloyd Sinclair of the Department of Human Services, is finding a location that isn't too close to schools, playgrounds, or daycare centers. DHS also has to be sure that victims aren't nearby and there aren't too many other sex offenders in the neighborhood as well.

It's a tall order to be sure, and residents who live in the vicinity get vocal about not having these types of criminals in their neighborhoods.

Terri Renguette on Facebook said, "I suggest right next door to the judge, his attorney, the parole board or anyone else from the court system that think this is a safe idea. Let him be their next door neighbor around their kids and grandkids."

Patch reader C. Sanders posted a comment on an earlier story, "If they want to release this (expletive), then air drop him nude to a remote location in Antarctica. For that matter, send him into space with enough air for 30 seconds."
- And the Patch is not moderating comments!  They should've deleted this comment and forgot about it, not re-publish it.

[name withheld]'s release is still a go, and the DHS has 30 days or less to find a suitable location, per the judge's order issued Thursday.

So, readers, where should sex offenders be placed when it's time for them to be released? (See the poll at the original article)

MO - Bill Focuses on Sex Offender Home-Buyers

Original Article

01/21/2013

JEFFERSON CITY (AP) - Concern about protecting children has spurred a southwestern Missouri lawmaker to propose legislation that would require real estate agents to warn other people when they represent a prospective home buyer who is a sex offender.

But Rep. Charlie Davis said he is not pushing for his proposal to become law this year and merely wants to spark discussion. Davis said he focused first on real estate agents because they generally are involved whenever new people move into a community.

Sex offenders “have the right to live in a community if they want to, but it’s also the right of the families to know if there is a member in their community that is a convicted sex offender against children so we can make sure our children are aware of it and it doesn’t happen to them,” said Davis, R-Webb City.

The legislation calls for sex offenders who plan to buy property to report their criminal past to their real estate agent. The buyer’s real estate agent then would disclose that information in writing before the sale to the real estate agent for the seller. In addition, the buyer’s real estate agent would need to disclose a client’s sex offender status to neighbors living within a half-mile after the deal is completed.

See Also:

• Webb City lawmaker backs down from bill focusing on sex offender home-buyers
• Missouri Rep. Sponsors, Kills Sex Offender Bill

Read the entire article here

WY - Committee defeats banning sex offenders near child care sites

Original Article

01/15/2013

By Ben Neary

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 of Family Services, said his agency didn't see any weaknesses with the bill.

However, Linda Burt, director of the ACLU in Wyoming, said that putting the bill's proposed restrictions together with existing restrictions on sex offenders living near schools would drastically restrict where offenders could live in many communities.

Burt said offenders could find themselves segregated into low-income areas, or possibly left permitted to live only in more affluent areas where they couldn't afford to stay.

Burt also said she regarded the bill as unnecessary, saying that statistically people who work at child care centers are more likely to abuse children in their care than others who happen to live in the neighborhood.

Joe Baron, prosecuting attorney in Crook County and spokesman for the state prosecutors association, said the bill didn't go far enough. "It doesn't say you can't be within 1,000 feet," he said. "It doesn't say you can't be in the building."

Rep. Stephen Watt, R-Rock Springs, spoke against the bill. A former police officer, he has a problem with the state imposing continuing punishment on sex offenders after they've served their prison time.
- I find it shocking that a former police officer would say this, but it's about time they spoke up for the draconian laws.

The predatory justice of juvenile sex-offender laws

Original Article

01/20/2013

By Michael Zoorob

When lawmakers crafted laws to combat sexual violence, they probably never expected that children as young as 10 would end up on public sex offender registries. Law enforcement probably never expected that they would have to notify neighbors that a 13-year-old sex offender lived nearby. Yet that is the reality of America’s sex offender registration laws: Though the judicial system tends to distinguish between youth and adult offenders, 35 states subject minors convicted of sex crimes to the same registration, notification and restrictions as adults. Seven states require juveniles to stay on the registry for life. These crimes aren't always violent, either: A recent Human Rights Watch report notes that teens have found their way onto sex offender registries for benign acts like sexting, public urination and consensual sex with other teens.

In fact, 36 percent of all sex offenders who victimize children are themselves juveniles — and more than half of these juvenile offenders are 14 years old or younger, according to a recent study commissioned by the Department of Justice. It is understandable that laws should be created to curb sexual violence — but imposing the stigma of longtime and sometimes lifelong sex offender registration on juvenile offenders creates unnecessary harm both to them and their families. Juvenile offenders often experience emotional problems, difficulty securing employment, social ostracization and difficulties at school. There are, incredibly, cases of teens being barred from attending school due to their presence on sex offender registries because they sexted, the act of which the law considers child pornography. As adults, these offenders can expect restrictions on their residency, employment and mobility, and a significant minority will be fired, harassed, assaulted or even murdered because of their sex offender status.

Registration may also hinder crime rehabilitation of youth offenders. Depriving juvenile offenders of access to education, employment, religious services and healthy relationships — all common consequences of sex offender registration — could actually raise the probability that these children become lifelong delinquents. Unfortunately, registration requirements may deter families from reporting sex crimes committed by their child against a sibling for fear of the legal consequences, thus denying access to rehabilitative services.

Registration of juveniles has also been shown not to reduce sex crime. Studies by Elizabeth Letourneau of the University of South Carolina have found that registering juvenile offenders neither reduced overall rates of offenses nor reduced recidivism. This makes sense. It’s hard to argue, for example, that public safety was enhanced by the eviction of a 26-year-old married woman from her home in Georgia because a daycare center opened nearby. Her crime was that she had oral sex with a 15-year-old when she was 17.
- The same applies to adults.  Sex laws do nothing to reduce recidivism.

Moreover, juvenile offenders are distinct from their adult counterparts. Children who commit sex crimes, even violent ones, usually do so as a way of “acting out,” not because they eroticize aggression. Consequently, psychologists have found that rehabilitation is very effective for juvenile sex offenders, and very few juvenile offenders re-offend as adults. Most studies find the recidivism rate of juvenile sex offenders to be less than 5 percent.
- Recidivism rates are the same for adults as well.

Sex offenders deserve special opprobrium in our society. But we shouldn't let our visceral disgust with sex crimes bar us from making sensible public policy. Children are not miniature adults, and the law should not treat them that way.

OK - Romeo and Juliet Sex Offender Program

David Slain Web Site

NV - Former police officer (John Norman) sentenced for improper touching

John Norman

Original Article

01/17/2013

By FRANCIS MCCABE

A former Las Vegas police officer accused of stopping female drivers while on duty and coercing them into exposing their breasts was slapped with a maximum two-year jail sentence Thursday.

John Norman, who resigned from the Metropolitan Police Department five months after his arrest, pleaded guilty in June to oppression under the color of office and open or gross lewdness, both gross misdemeanors.

On Thursday, Norman said he was "truly and humbly sorry" if he made the victims feel threatened, which was never his intent.

He added, "The media has painted me as a monster out there lurking in the dark and violating women's rights and other people's rights."

Judge Abbi Silver stared at the 34-year-old as he spoke.

Later, before handing down the harshest sentence she could, the judge told Norman, "You are nothing short of a sexual predator with a badge."

The father of six, who was dressed in a suit and appeared in court with his wife and about a dozen supporters, was then handcuffed, taken from the courtroom and jailed at the Clark County Detention Center.

Outside Silver's courtroom, Norman's two victims rejoiced at his sentence. The Review-Journal does not name victims of sexual crimes.

"He has to be treated like any other individual who did something wrong," one victim said.

The other victim added, "I was scared. I'm not scared anymore."

The women said they were worried Norman was going to be sentenced to probation.

Both women testified at the hearing that Norman's actions caused them to fear uniformed police officers.

"He ridiculed me. He humiliated me. He abused his authority. He knew what he was doing," one victim tearfully testified.

Both asked that Norman have to register as a sex offender, and Silver obliged.

They added later there are good police officers, including the ones who handled their case.

After the hearing, Norman's defense lawyer, David Roger, declined to comment.

Authorities said Norman in 2011 pulled over two women in separate traffic stops and compelled them to show their breasts. He also was accused of fondling one of the women.

Allegations of misconduct were made against Norman by two other women. Those allegations were investigated but did not rise to the level of crimes, police said.

He was originally charged with eight counts, but prosecutors dropped six charges as part of the guilty plea agreement.

MO - Sex offender information has been miscalculated

Original Article

01/08/2013

By BRENNAN DAVID

A computer program used by the Boone County Sheriff's Department to determine restrictions on sex offenders contains inaccurate measurements, and deputies will have to review all current offenders to determine whether they are in compliance with the law.

Last week, a registered sex offender living in a group home was asked to relocate when the sheriff's department learned the geographic information system, or GIS, used by the department contained measurements that are incorrectly calculated. The offender, [name withheld], had been living in the home and has since been relocated to a different group home.

The home was discovered to be within 1,000 feet of Lange Middle School, and [name withheld] can't live within 1,000 feet of a school. [name withheld]  21, was convicted of a deviant sexual assault against a 17-year-old Mexico, Mo., woman in 2008.

The group home, Prosperous Journey Men's Transition House, is operated by JAJ LLC. The group home allows as many as eight men to live there at a time and provides affordable, temporary housing for all offenders, not just sex offenders.

[name withheld]'s acceptance would have been reliant on approval by the Missouri Department of Corrections of his home plan, said Randy Hodill, executive director of Love In the Name of Christ, or Love INC. He said that home plan might have included information from the sheriff's department concerning the group home's proximity to neighboring schools.

Initial calculations placed Lange just feet outside the required 1,000-foot restriction, sheriff's department Detective Jessica Jameson said, but the sheriff's department has since learned the GIS was calculating distances from the center of schools to the center of homes. That measurement was sufficient for [name withheld] to reside at the Grace Ellen address, but that's not how Boone County detectives enforce restrictions.

State statute only provides distances, not guidance on how to measure, such as from property line to property line or door to door.

For the past four years, detectives have enforced distances from property line to property line, Detective Andrea Luntsford said. That measurement started when the Boone County Prosecuting Attorney's Office recommended it instead of measuring door to door.

A measurement from the group home's property line to the school's property line was within 1,000 feet, Luntsford said. [name withheld] was not arrested for violating restrictions because he was permitted to live at the Grace Ellen residence.

[name withheld] could not be reached for comment.

Luntsford and Jameson are sex offender coordinators for the sheriff's department and are now responsible for recalculating distances for all 280 sex offenders who must abide by restrictions within Boone County.

As of Friday afternoon, [name withheld] was the only sex offender found to not be in compliance, but Jameson admitted they are very early in the process.

"We've been looking," Jameson said. "We suspect others are in neighborhoods nowhere close to schools."

A second sex offender now resides at the Grace Ellen property but is not required to relocate per regulations related to his conviction.

About 15 of the 280 sex offenders in Boone County are homeless, and their whereabouts are unknown.

Because state law does not guide law enforcement agencies how to measure these distances, online resources such as the Missouri State Highway Patrol's Sex Offender Registry might contain different information than local law enforcement agencies.

A Missouri State Highway Patrol representative could not be reached for comment.

DC - Exploiting children for political agenda, this is not new, and Obama is no exception!

Since people have been on this Earth and politics has been around, people have been exploiting children during emotional issues or disasters to push their own agendas, and Obama is no different. You would think that people would see through this by now! It's nothing more than "For the children politics." We see this used when pushing sex offender laws all the time.

Playlist Link

AR - Proposed bill prohibits sex offenders from swimming areas, playgrounds

Original Article

01/17/2013

LITTLE ROCK (KTHV) -- Senator Missy Irvin said a newly proposed bill (Act-39 PDF) would prohibit level 3 or 4 sex offenders from a swimming area or children's playground within an Arkansas State Park.

"What we're looking at is where there are children present. We really don't want this level of sex offender there present. So, it really does give them the ability to ask them to leave," said Irvin.

Children's playgrounds include play areas designated for kids both indoors and outdoors. Beaches, swimming pools and water parks would be considered swimming areas.

Video Link