Granados Column: The Last Word on the Strange Case of Joshua Curtis (Virginia), January 31, 2010: http://www2.insidenova.com/isn/news/opinion/columns/article/granados_column_the_last_word_on_the_strange_
case_of_joshua_curtis/51395/
CA Court Questions Legality Of Indefinite Sex Offender Terms, January 29, 2010:
http://thecrimereport.org/2010/01/29/ca-court-questions-constitutionality-of-indefinite-sex-offender-terms/
Two Lacey Teens Arrested in ‘Sexting’ Case (WA), January 29, 2010:
Lacey police arrested two Chinook Middle School students Tuesday – a 14-year-old boy and a 13-year-old girl – for allegedly sending photo messages of a naked 14-year-old girl to classmates via a cell phone.
http://www.theolympian.com/localhighlight/story/1119293.html
Legislature Debates Changing Sex Offender Registry (Maine) January 29, 2010:
Supreme Court Ruling Necessitates Changes
http://www.wmtw.com/mostpopular/22372813/detail.html
Web Letter by Dan Headlee: Sex-Offender Restrictions Lead to Joblessness, Homelessness January 29, 2010:
http://www.journalgazette.net/article/20100129/EDIT09/301299975/1021/EDIT
Pete Townshend: Super Bowl Pariah? January 29, 2010:
http://abcnews.go.com/Entertainment/child-porn-past-make-townshend-super-bowl-pariah/story?id=9688641
Plan to Change Registry Altered (SD, January 29, 2010:
AG proposal means sex offenders must petition to move to lower tier
http://www.argusleader.com/article/20100129/NEWS/1290322/1001/news
Wisconsin State Senate Approves Sex-Education Bill, January 29, 2010:
The amendment would require teachers to tell students they could face criminal charges and wind up on the sex offender registry for having sex with fellow students younger than 16.
http://www.twincities.com/localnews/ci_14290987
Ministering to Sex Offenders, January 29, 2010:
http://www.pbs.org/wnet/religionandethics/episodes/january-29-2010/ministering-to-sex-offenders/5591/
Man Admits to Cartoon Porn, Now Sex Offender January 29, 2010:
An Australian man has admitted to having pornographic images of cartoon characters, including those from The Simpsons and The Powerpuffs Girls, and now must register as a sex offender, reported The Queensland Times .
Ars technicia reported that the Australian Supreme Court ruled in 2008 that sexually explicit illustrations of children qualify as child pornography.
In 2008 another child pornography case also featuring characters from The Simpsons, an Australian judge ruled that though the cartoons may not be realistic depictions of children, they should still be considered people and therefore could be ruled as child pornography .
Though not considered pornography, cartoon mother Marge Simpson recently graced the cover of Playboy magazine .
http://www.myfoxtampabay.com/dpps/news/dpgo-man-admits-to-cartoon-porn-now-sex-offender-fc-20100129_5845041
Legislators, Governor Introduce Sex Offender Bills (MD) January 29, 2010:
With no less than 24 bills introduced thus far in the General Assembly, including two co-sponsored by Senator Lowell Stoltzfus, who represents Worcester County and the Lower Shore, it is clear some substantial changes in the state’s sex offender laws will come out of the current session.
“There is going to be a whole battery of bills debated this session and all of them deserve careful consideration,” said Mathias. “I’m not sure at this point how it will all work out, but Maryland’s laws will be strengthened.”
Meanwhile, Governor Martin O’Malley on Wednesday introduced his own legislation aimed at strengthening Maryland’s sex offender laws. The governor’s series of initiatives includes, among other things, lifetime supervision for certain sex offenders, stronger notification and registration procedures, the addition of those convicted of indecent exposure of the possession of child pornography on the registrations and criminal background checks for employees of facilities that care for or supervise children.
“There should be absolutely no mercy shown to anyone who harms a child in our state, and our legislation serves to impose the strictest standards of supervision to ensure that Maryland’s children are protected,” O’Malley said this week. “There is a lot we do better than we used to as a state with regard to public safety, and there still a lot of work to be done.”
Another of O’Malley’s initiatives announced this week is reconvening the state’s Sexual Offender Advisory Board, which was first established in 2006 and charged with making recommendations on policy. However, members of that initial board were not required to have any special skills necessary for certifying programs, conducting training or even making policy decisions. For that reason, O’Malley announced this week he is tapping former Maryland Attorney General Joseph Curran to chair the panel this time around.
“I have long been a supporter of lifetime supervision for our state’s most violent sexual predators,” Curran said this week. “The proposed board will ensure that experts with specialized experience working with both victims and offenders are addressing these extremely serious cases.”
http://www.mdcoastdispatch.com/article.php?cid=30&id=8014
Jessica’s Law Dilemma: Homeless Sex Offenders (CA) January 28, 2010:
http://abclocal.go.com/kgo/story?section=news/iteam&id=7245220
(IF HB1004 passes in Virginia the same will happen here! For more about HB1004, see Bulletin Board Posting #186, http://www.rsolvirginia.org/blog_186.html )
Registered Sex Offender Worries About Crime Printed in Publication (TN) January 28, 2010:
This man was charged with statutory rape more than thirteen years ago. But now his crime is publicized in a magazine and he’s concerned because he says it’s happened several times.
In 1997, he was charged with statutory rape. he was 18 and his girlfriend was 15.
“She found out she was pregnant, the victim’s family was gonna let us get married. Before we had a chance to get married the police found out about it. The age difference and decided to prosecute me,” said the man.
But now his name is on the sexual offender registry and is public record.
“The main part that concerns me is it affecting my children, I want my children to have as normal a life as they can,” said the man.
He worries about how his crime will affect their lives. He says it’s been publicized in a weekly magazine called Busted several times.
“If you’re gonna pick 10 or 15, the next week it should be a different set of 15 people, not the same ones,” said the man.
The publication only says he was charged with statutory rape not why he was charged.
http://www.wrcbtv.com/Global/story.asp?S=11892672
Sex Offender Registries a Problem Across the Country January 28, 2010:
http://www.wbez.org/Content.aspx?audioID=39675
13- and 12-Year Old Charged With Sexting Nude Photos, January 28, 2010:
http://www.msnbc.msn.com/id/35129006/ns/local_news-chicago_il/
Panel Looks At Changes In Sex Offender Registry (SD) January 28, 2010:
http://www.keloland.com/News/NewsDetail6375.cfm?Id=95805
Views Differ on Changing Sexual Offender Registration System (SD) January 28, 2010:
http://www.rapidcityjournal.com/news/article_2e75fc80-0bbb-11df-98f7-001cc4c002e0.html
Editorial: Close the Sex Offenders’ Camp (FL) January 28, 2010:
http://www.miamiherald.com/opinion/editorials/story/1450075.html
Pete Townshend Labeled ‘Sex Offender at Large’ as Miami Residents Protest at him Performing at Super Bowl with The Who, January 28, 2010:
http://www.dailymail.co.uk/news/worldnews/article-1246676/Pete-Townshend-labelled-sex-offender-large-Miami-residents-
protest-performing-Super-Bowl-The-Who.html
Ordinance Limiting Where Sex Offenders Can Live Heads to State Supreme Court (PA) January 28, 2010:
http://www.post-gazette.com/pg/10028/1031646-454.stm
Oklahoma Lawmakers Propose New Laws Targeting Sex Offenders, January 28, 2010:
http://www.newson6.com/Global/story.asp?S=11861413
O’Malley Hopes To Improve Sex Offender Monitoring (MD) January 27, 2010:
http://wjz.com/wireapnewsmd/O.Malley.pushes.2.1452510.html
Bill to Increase Sex Offender Penalties Clears Committee (DE) January 27, 2010:
http://www.sussexcountian.com/newsnow/x231960197/Bill-to-increase-sex-offender-penalties-clears-committee
Defense Attys Challenge Sex Offender’s Sentence, January 27, 2010:
Georgia defense attorneys on Wednesday challenged the 30-year federal minimum mandatory sentence for those convicted of aggravated child sexual abuse in a case prosecutors warn could set a sweeping precedent throughout the nation.
The case before the 11th Circuit Court of Appeals has provoked criticism from the House Republicans who drafted the sex offender crackdown that calls for the stiff penalties. It also played a key role in the confirmation hearing for Beverly Martin, the circuit’s newest appeals judge, who was the federal judge in the case at hand.
Led by U.S. Rep. Eric Cantor, the No. 2 House Republican, several lawmakers filed an amicus brief warning upholding the ruling would “abridge Congress’ authority to impose punishment” that it deems appropriate. It also warned it would undermine penalties aimed at criminals who cause “debilitating psychological, emotional and physical trauma” to victims.
http://www.myfoxatlanta.com/dpp/news/Attys-Challenge-Sex-Offender’s-Sentence-012710
Teen “Sexting” Case Reaches U.S. Appeals Court, January 26, 2010:
http://blogs.alternet.org/speakeasy/2010/01/26/teen-sexting-case-reaches-u-s-appeals-court/
Lifetime Supervision Sought for Some Sex Offenders (MD) January 26, 2010:
http://www.hometownannapolis.com/news/gov/2010/01/26-07/Lifetime-supervision-sought-for-some-sex-offenders.html
Sex Offender Tries to Hide Status on Driver’s License, January 26, 2010:
http://www.nwfdailynews.com/news/sex-25129-offender-line.html
Second Opinion: Time to Depoliticize Sex Offenders, January 25, 2010:
http://weblogs.baltimoresun.com/news/opinion/2010/01/time_to_depoliticize_sex_offen.html
Legislative Committees to Take Up Sexting Bills Tuesday (IN), January 25, 2010:
http://www.wibc.com/news/Story.aspx?ID=1188534
Voters May ‘Regulate’ Sex Offenders (MO), January 25, 2010:
http://www.stjoenews.net/news/2010/jan/25/voters-may-regulate-sex-offenders/?local
‘Sexting’ is No Felony, Bill Says (PA) January 25, 2010:
‘Dumb thing’ shouldn’t scar teens for years, lawmaker argues
http://www.post-gazette.com/pg/10025/1030881-454.stm
(Yes!)
Granados Column: Further Down the Rabbit Hole We Go (Virginia), January 24, 2010:
http://www2.insidenova.com/isn/news/opinion/columns/article/granados_column_further_down_the_rabbit_hold_we_go/50938/
(Very Good!)
Virginia State Police Monitor Registered Sex Offenders, January 24, 2010:
http://www.dailypress.com/news/dp-local_sexualpredators_0124jan24,0,6192860.story
Few Holes in State’s Sex Offender Laws, (Virginia) January 24, 2010:
http://www.dailypress.com/news/dp-local_sexualpredatorsside_01jan24,0,4079754.story
Fed. Judge Addresses Challenges to Statutes (NB), January 23, 2010:
http://www.nptelegraph.com/articles/2010/01/23/news/60005341.txt
Officers Face ‘Balancing Act’ When Sex Offenders are on Probation, January 23, 2010:
http://www.bristolpress.com/articles/2010/01/23/news/doc4b5baa6d75436397525121.txt
Miami-Dade OK’s New Sex Offender Law, January 22, 2010:
A new Miami-Dade sex offender ordinance will supersede some of the stricter city ordinances passed by local municipalities, including Miami’s.
http://www.miamiherald.com/460/story/1439053.html?storylink=omni_popular
School Board Approves Sex Offender Policy (Virginia), January 22, 2010:
http://www.nbc29.com/Global/story.asp?S=11867017
AG OKs Sex-Offender Bylaw (MA), January 22, 2010:
http://www.nashobapublishing.com/townsend_news/ci_14245985
Local Resident Pressures County Schools to Reveal Visitor Identities (Virginia) January 21, 2010:
In House Bill 977—submitted last week by Rich Anderson, R-51st—exceptions to the FOIA rule would include software programs, data or other records relating to electronic or automated security systems used to monitor or control access to public school buildings or other school property.
And HB 689—submitted by Del. Jackson H. Miller, R-50th—would stipulate that those being provided a writ of mandamus would be served with a copy before filing.
http://www2.insidenova.com/isn/news/local/article/local_resident_pressures_county_schools_to_reveal_visitor_identities/50853/
Bill: More Limits for Sex Offenders (Virginia), January 21, 2010:
http://www.winchesterstar.com/pages/view/offenders.html
(In reference to HB1004, see Bulletin Board Posting #186 for details on this bill, http://www.rsolvirginia.org/blog_186.html )
Keeping Tabs on Sex Offenders (OH), January 21, 2010:
State bill would increase counties’ address checks
http://www.dispatch.com/live/content/local_news/stories/2010/01/21/CHECKUP.ART_ART_01-21-10_B1_PCGC7HS.html?sid=101
Legislators Plan to Review Sex-Offender Laws (DE) January 21, 2010:
“Rather than going for headlines, we should be going for goal lines”
http://www.capegazette.com/storiescurrent/201001/sex-offender19.html
Senate Bill could block sex offenders from social networking sites (AL) January20, 2010: http://www.waff.com/Global/story.asp?S=11855423
Panel: Rethink Lifetime Supervision for Sex Offenders (IA), January 20, 2010:
http://www.desmoinesregister.com/article/20100120/NEWS10/1200350/-1/SPORTS09/Panel-Rethink-lifetime-supervision-for-sex-offenders
Sex Offender Property Could be Seized under Alabama House Bill, January 19, 2010:
Adults using a computer to solicit a juvenile for sexual activity could find themselves without a home, car or computer.
The Alabama House voted 95-0 to pass a bill by Democratic Rep. Ken Guin of Carbon Hill that allows authorities to confiscate the property of a person convicted of using a computer to lure a young person to meet for sexual reasons.
An exception is the house, car or other property can’t be confiscated if it is needed by a spouse or child who did not know the computer was being used to solicit a child.
http://blog.al.com/live/2010/01/sex_offender_property_could_be.html
Sex Registry Called Vague (SD), January 19, 2010:
Proposals intended to better distinguish types of offenders
http://www.argusleader.com/article/20100119/NEWS/1190328/1001/news
Hecht Argues for Civil Commitment of Violent Sexual Offenders (MD) January 19, 2010:
Delegate Michael D. Smigiel Sr., an Eastern Shore Republican who serves on the House Judiciary Committee, is concerned about child predators but does not favor civil commitment.
He cited concerns about due process when someone not charged with a crime is locked up indefinitely.
“Because you’re a threat to society, we’re going to lock you up forever?” Smigiel asked. “Who’s next? Those who speak against the philosophy of whoever’s in power.”
Instead, he suggests increasing criminal penalties. He has filed a bill that would prevent a prosecutor from offering plea deals with concurrent sentences in cases where a predator is sentenced for abuse of several children.
http://www.fredericknewspost.com/sections/news/display.htm?StoryID=100253
Lincoln Attorney Files Grievance Against AG Bruning, January 19, 2010:
http://journalstar.com/news/local/crime-and-courts/article_c51a4468-0529-11df-a965-001cc4c002e0.html
Jumping Ugly in Virginia, January 18, 2010:
http://defendingsexcrimes.blogspot.com/2010/01/jumping-ugly-in-virginia.html
(In reference to HB1004, see Bulletin Board Posting #186 for details on this bill, http://www.rsolvirginia.org/blog_186.html )
Granados Column: Joshua Curtis Goes Down the Rabbit Hole, (Virginia) January 17, 2009: http://www2.insidenova.com/isn/news/opinion/columns/article/granados_column_the_surreal_world_of_sex_crime_law/50526/
(Thanks to a brave and determined mother the Piedmont Regional Jail situation http://www.rsolvirginia.org/blog_163.html) has finally made it to the press.
There will be future pieces by this reporter on Josh’s story, stay tuned).
U.S. Supreme Court: Throwing Away the Key for Sex Offenders? January 17, 2010:
In January 2009, an appeals court panel in Richmond, Va., said the act’s provision granted “the federal government unprecedented authority over civil commitment — an area long controlled by the states.” The appeals court panel agreed with a federal judge that the provision “exceeds the limits of congressional power and intrudes on the powers reserved to the states.” The Obama administration then asked the Supreme Court for review.
The Supreme Court heard argument last week in the Adam Walsh Child Protection and Safety Act challenge. The dispute is making for some strange bedfellows.
The Obama administration, represented by Solicitor General Elena Kagan, aggressively defended the federal act in argument. The administration’s brief to the high court, defining who is eligible for civil commitment, said “the term ‘sexually dangerous person’ requires the government to make two showings (to a federal judge) by ‘clear and convincing evidence.’ … First, the government must prove that the (prisoner) has previously ‘engaged or attempted to engage in sexually violent conduct or child molestation.’ … Second, the government must prove ‘that the person suffers from a serious mental illness, abnormality, or disorder as a result of which he would have serious difficulty in refraining from sexually violent conduct or child molestation if released.’”
The committed prisoner can request regular re-evaluation at six-month intervals, but the commitment can be open-ended.
The government’s argument relies, not on the ubiquitous Commerce Clause — which gives Congress the power to regulate interstate commerce and is used to underwrite a broad category of federal laws — but the Necessary and Proper Clause of the Constitution: “The Congress shall have power … (to) make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States. … “
Besides the Obama administration, 31 state attorneys general told the Supreme Court they support the federal act.
And not everyone agrees that recidivism is inevitable for sexual offenders. In 2008, columnist Carl Bialik wrote in The Wall Street Journal: “It’s common to hear claims that (past sexual offenders are) sure to commit more sex crimes. … But … the numbers don’t bear this out. Recidivism rates vary widely depending on which crimes are counted, the time frame of the studies and whether repeat offenses are defined by convictions, arrests or self-reporting. But even the author of a widely published report suggesting a recidivism rate of 52 percent, Wisconsin psychologist Dennis Doren, told me of the notion that all sex criminals are likely to re-offend, ‘There is no research support for that view, period.’”
But such questions are not part of the current debate. No court, not even the Supreme Court, wants to appear timid or soft when it comes to those who prey on children or the defenseless. The question is only which level of government will do the committing.
http://www.upi.com/Top_News/US/2010/01/17/US-Supreme-Court-Throwing-away-the-key-for-sex-offenders/UPI-43591263717000/
Group Seeking Reform of Texas Sex Offender Registration Requirements, January 17, 2010: http://www.24-7pressrelease.com/press-release/group-seeking-reform-of-texas-sex-offender-registration-requirements-132958.php
Courts Want ‘Sexting’ To Be Punishable By Law, January 16, 2010:
Pennsylvania prosecutor told a U.S. appellate court on Friday that a teenage girl found topless in a “sexting” cell phone picture should face child-pornography charges.
http://www.redorbit.com/news/technology/1810223/courts_want_sexting_to_be_punishable_by_law/
Appeals Court Considers: Is “Sexting” Pornography? January 16, 2010:
In 2008, then-Wyoming County District Attorney George Skumanick Jr. threatened to prosecute the girls unless they attended what their lawyers called “re-education” classes and wrote an essay about why sexting was wrong. In response, the girls and their parents won a lower court ruling that blocked the district attorney, who appealed.
Yesterday, before the three-judge panel, a lawyer for Skumanick said the intent was a legitimate effort to protect the teens from themselves and potential child predators, and compared it to other state laws – such as motor-vehicle rules – that regulate teen behavior.
That outraged ACLU lawyer Witold J. Walczak, who argued that the prosecutor cannot accuse the girls of being pornographers under the guise of protecting them from pornographers.
“We’ve been mystified how anyone can look at these photos as pornography,” he said. “These photos are not even close calls.”
This is the first appeals court case concerning sexting, the reach of the state child-pornography law, and the First Amendment, said Scranton lawyer Michael J. Donohue, who is representing Skumanick.
Donohue argued that prosecutors have the right to prevent behavior by a child that could endanger that child. Children “are putting themselves and other children at risk” of being exploited by sex offenders who may see the photographs, he said.
http://www.philly.com/philly/news/local/81849207.html
Wrongfully Convicted Man Says Compensation Too Low (Virginia) January 16, 2010:
A Richmond man convicted of a 1979 rape he did not commit is upset with a proposed $107,078 payment to compensate him for eight years he spent in prison.
“I feel like I’ve been slapped in the face,” said Victor Anthony Burnette, 56, wrongfully convicted of the August 1979 rape of a 19-year-old woman in the city and sentenced to 20 years in prison.
http://www2.timesdispatch.com/rtd/news/local/crime/article/BURN16_20100115-220606/317965/
N.C. Law Doesn’t Address Freed Sex Offenders, January 15, 2010:
U.S. Supreme Court to rule if feds can indefinitely hold inmates labeled dangerous.
http://www.charlotteobserver.com/local/story/1181555.html
Commentary: Adam Walsh Act Might Go Too Far, January 15, 2010:
http://www.mcclatchydc.com/homepage/story/82460.html
Boulder DA wants State to Ease Up on Streakers (CO), January 15, 2010:
If Boulder County District Attorney Stan Garnett gets his way, anyone convicted of streaking in Colorado — including the unabashed Halloween revelers known for running naked with pumpkins on their heads in Boulder — no longer will be forced to register as sex offenders.
Garnett has proposed legislation that would make streaking, public urination and other “Pumpkin Run-type behavior” in Colorado a petty offense rather than a class 1 misdemeanor that forces people to register as sex offenders.
Changing the law also will keep the sex-offender label meaningful, he said.
“If everyone who does something goofy gets identified as a sex offender, it doesn’t mean anything,” Garnett said. “I believe it’s a public safety issue.”
http://www.dailycamera.com/boulder-county-news/ci_14204671
Sex Offender Restrictions Far From Being Resolved, January 15, 2010:
Child safety zones continued to dominate discussion at Monday’s New Richmond City Council meeting.
http://www.newrichmond-news.com/event/article/id/28172/group/News/
Four Teens get 2 years Each in Rape of Girl, 12 (Virginia), January 15, 2010:
While defense attorneys argued yesterday that the girl had indicated she was 16, Giroux said she emphatically asserted to investigators that the defendants knew she was 12, an age consistent with her physical level of maturity. There was no testimony yesterday that the girl objected to her involvement with the defendants.
State law presumes that a child younger than 13 does not have the mental capacity to consensually engage in sexual activity. Giroux said information provided to investigators that the sexual acts were part of a gang-initiation rite was not verified.
Lawyers in the case attacked the sentencing guidelines on multiple levels: arguing that the youths lacked knowledge about the nature of sexual activity; are repeatedly given mixed messages in society about appropriate sexual conduct; and, in some cases, had been subjected to abuse, drugs, a lack of parental involvement or sex at very early ages.
http://www2.timesdispatch.com/rtd/news/local/crime/article/GANG15_20100114-223206/317801/
Ill. Soldier’s Family Says Pictures Aren’t Porn, January 15, 2010:
http://hosted2.ap.org/PAWES/APODD/Article_2010-01-15-US-Soldier-Pornography-Charge/id-p73448fea95e645a1bc93c000cdbffc9c
Sex Offender Registry Change Hits Resistance, January 14, 2010:
AG’s criticism of tiered plan stuns committee
http://www.argusleader.com/article/20100114/NEWS/1140327/1003/BUSINESS
Prosecutor: High Court Ruling on Sex Offenders Complicates Process (MO), January 14, 2010:
http://www.semissourian.com/story/1602284.html
Her Crime? Sex Work in New Orleans, January 13, 2010:
http://www.colorlines.com/article.php?ID=673
Supreme Court Weighs Authority, Not Legality, of Civil Confinements, January 12, 2010:
The question was not whether the continued civil commitment of prisoners for fear that they remain “sexually dangerous” violates due process principles. It was, rather, whether Congress had the constitutional power to authorize the practice at all for federal prisoners. State civil confinement laws are not at issue in the case.
Last year, a three-judge panel of the United States Court of Appeals for the Fourth Circuit, in Richmond, Va., unanimously ruled that none of the powers granted to Congress in the Constitution empowered it to authorize such civil commitments.
http://www.nytimes.com/2010/01/13/us/politics/13scotus.html
Sex-Offender Commitment Law Gets Support at U.S. Supreme Court, January 12, 2010:
http://www.businessweek.com/news/2010-01-12/sex-offender-commitment-law-gets-support-at-u-s-supreme-court.html
Supreme Court Justices Appear Split on US Sex Offender Law, January 12, 2010:
The 2006 law permits the US government to hold convicted sex offenders even after they’ve served their sentences. Hearing arguments Tuesday, the Supreme Court justices sparred over whether Congress has exceeded its authority.
http://www.csmonitor.com/USA/Justice/2010/0112/Supreme-Court-justices-appear-split-on-US-sex-offender-law
High Court Debates Federal Authority in Sexual-Violence Cases, January 12, 2010:
http://online.wsj.com/article/SB126332921615526621.html?mod=WSJ_latestheadlines
Missouri Supreme Court Limits Use of Two Sex Offender Laws, January 12, 2010:
Laws regulating where sex offenders live and what they do on Halloween cannot apply to those convicted before the laws took effect, the Missouri Supreme Court ruled today.
The 4-3 decision in two cases from eastern Missouri addressed the 2004 law preventing convicted sex offenders from living within 1,000 feet of a school or child-care facility and the 2008 law that controlled the activities of registered sex offenders on Halloween night.
The court’s majority found that both laws violated the Missouri Constitution’s protection against retrospective laws if applied to offenders convicted prior to the enactment of the laws.
http://www.kansascity.com/news/breaking_news/story/1679456.html
(Yes!)
Can Sex Offenders be Held after Serving Criminal Sentences? January 12, 2010:
http://www.cnn.com/2010/CRIME/01/12/scotus.sex.offender.law/
Atkins Proposes Chemical Castration (DE), January 12, 2010:
http://www.delmarvanow.com/article/20100112/DW01/1120316
Court to Rule on Keeping Sex Offenders Locked Up, January 12, 2010:
http://www.newsobserver.com/news/crime_safety/story/279782.html
Federal Prisoners Kept Beyond Their Sentences, January 12, 2010:
http://www.npr.org/templates/story/story.php?storyId=122452485
Supreme Court to Hear Sex Offender Imprisonment Case, January 11, 2010:
Court considers whether prosecutors can hold offenders beyond their original sentences
http://www.usnews.com/articles/news/national/2010/01/11/supreme-court-to-hear-sex-offender-imprisonment-case.html
Missouri Judge Disagrees with Federal Sex Offender Law, January 11, 2010:
http://ozarksfirst.com/content/fulltext/?cid=223962
Plan Would Trim Sex Offender List (SD), January 10, 2010:
As it is now, Tacy Chrispen’s son probably will spend the rest of his life on South Dakota’s sex offender registry.
The then-18-year-old high school senior’s crime: Having consensual sex with his 15-year-old girlfriend, who was 3 years, 23 days younger.
Because of that age difference, and the fact that she was younger than 16, he was convicted of statutory rape, spent a year and a half in prison and now is classified as a sex offender.
It is this kind of situation – described by some as a “Romeo and Juliet” story, that has spurred state Sen. Gene Abdallah to push for a change in the law.
He and others, including prosecutors, think it’s unfair to treat people convicted of less serious crimes – such as Chrispen’s son – the same as people convicted of rape and other heinous crimes. Currently, both types of convicts appear side-by-side on the registry of sex offenders on the Internet, and most stay on the list for life.
But under the plan being proposed by Abdallah and a legislative committee, the state would move to a three-tier system to classify sex offenders, and those convicted of lesser crimes would have a better opportunity to get their names removed from the list.
An Argus Leader analysis of the sex offender registry data shows that 18 percent of the 2,600 people on the list in December were convicted of less severe crimes and could qualify to be placed on the lowest level.
More than 10 years has passed since the convictions of 40 percent of the possible Tier I offenders, making them potentially eligible for removal.
Under the tier system, those convicted of rape or other severe crimes would be placed on Tier III of the registry for life. Those convicted of crimes on Tier II, such as possession or sale of child pornography, would have to be on the list for at least 25 years before they could petition for removal. People convicted of less severe crimes, such as indecent exposure or statutory rape, could end up on Tier I for at least 10 years.
http://www.argusleader.com/article/20100110/NEWS/1100332/1001
Budget Cuts Front and Center in Upcoming Slate of Measures (Virginia), January 10, 2010:
Delegate Robert Bell will file a bill that would require homeless sex offenders to provide some sort of location as their “residence” to be listed in the state’s sex offender registry. “It was creating a loophole in the registry,” Bell said. “The whole point is that we need to know where you are if we need to find you. And if you leave, you have to tell somebody.”
Another Bell bill would ban registered sex offenders from the children’s museum on the Downtown Mall.
http://www2.dailyprogress.com/cdp/news/local/local_govtpolitics/article/budget_cuts_front_and_center_in_upcoming_
slate_of_measures/50801/
Presentation Examines Sex Offender Myths, January 10, 2010:
Program takes stand against residency requirements
http://www.greenbaypressgazette.com/article/20100110/GPG0101/1100625/1207/GPG01
Survey: SD Lawmakers Support Sex Registry Changes, January 8, 2010:
Many state lawmakers support a plan to change South Dakota’s registry of sex offenders so those convicted of less severe crimes get a chance to get their names removed from the list, according to a survey by The Associated Press.
House Republican Leader Bob Faehn of Watertown said he expects the bill to pass because lawmakers have noted for many years that it’s unfair to treat those convicted of less serious crimes the same as those convicted of rape and other more serious crimes. He said both kinds of convicts appear side-by-side on the current registry of sex offenders, which is posted on the Internet.
http://www.rapidcityjournal.com/news/state-and-regional/article_508d45dc-461d-5a43-b8b5-5453f3bb658d.html
Family of 7 Paying for Dad’s Crime, January 9, 2010:
http://www2.tbo.com/content/2010/jan/09/pa-family-of-7-paying-for-dads-crime/
Ruling Clouds Sex-Offender Registry, January 8, 2010:
Work is hard to find for Shane Call these days.
After someone found his photo on the Indiana Sex and Violent Offender Registry along with the words “child molesting,” he was no longer welcome.
“It’s really, really affected my life in the past five years,” said Call, who claims he was wrongly convicted by a jury of child molesting in 1991 and had to appear on the state sex offender registry after it was created in 1994. “Before I was on the list, I hated the fact I was accused of that crime, but as soon as I got on the list, things got hard.”
A ruling by the Indiana Supreme Court last year, though, found that Richard P. Wallace, a man convicted of child molesting in 1989, no longer had to register with the state as a sex offender because he committed his crime before the law that created the registry was enacted.
That ruling has thrown the state and local sex offender registries into disarray.
Allen County officials say that like Wallace, Call is no longer required to register as a sex offender. His name and face have been scrubbed from the Allen County sheriff’s online registry. Officials with the Indiana Department of Correction, though, are refusing to erase any names from the state’s official registry without a court order.
http://www.journalgazette.net/article/20100108/LOCAL/301089961/1002/LOCAL
City Schools Affirm Sex Offender Ban, (Virginia) January 8, 2010:
http://www2.dailyprogress.com/cdp/news/local/education/article/city_schools_affirm_sex_offender_ban/50743/
Report: Sex Abuse High at 13 Juvenile Centers (Virginia), January 7, 2010:
“Were we surprised that we had two facilities in the top 13? Yes,” said Twyman. He noted that some of the reported incidents were no more than allegations “which investigation could conclude were unfounded.”
http://www2.timesdispatch.com/rtd/news/local/crime/article/JUVE08_20100107-190001/316037/
(Interesting that the Virginia DOC doesn’t take accusations seriously when it’s abuse by their employees but an accusation alone amongst the citizens in VA isn’t investigated and will result in a conviction, prison time and being stigmatized as a sex offender. Seems like a double standard)
For Julia Tuttle Sex Offenders, No Escape from Cold, January 7, 2010:
With more cold weather coming over the weekend, homeless sex offenders living under or near the Julia Tuttle Causeway are banned from shelters, and with no place to go, they have little choice but to remain there.
http://www.miamiherald.com/news/miami-dade/story/1414991.html
Homeless Sex Offenders Banned from Cold-weather Shelters, January 7, 2010:
http://www.miamiherald.com/news/breaking-news/story/1414674.html
An ‘Ornery’ Judicial View of Mich. Sex Offender Laws, January 7, 2010:
Retiring judge says ‘root problem is that our registry includes so many more people than it needs to include’
http://michiganmessenger.com/32878/an-ornery-judicial-view-of-mich-sex-offender-laws
Watro Takes Oath as McAdoo’s first Republican Mayor (PA), January 7, 2010:
He noted that the ordinance would prohibit a sexual offender from living within 5,280 feet of a school, day care center, or any place where children and young people frequent. The borough would give a known sex offender up to 60 days to re-locate or face possible jail time and/or a fine.
http://standardspeaker.com/news/watro-takes-oath-as-mcadoo-s-first-republican-mayor-1.529847
Sex Offender Bill Contains Loophole (IA), January 6, 2010:
http://iowaindependent.com/25123/sex-offender-bill-contains-loophole
Atkins Plans to Introduce Zero-Tolerance Bill Package for High-Risk, Repeat Sex Offenders (DE) January 6, 2010:
http://www.sussexcountian.com/news/x1793472992/Atkins-plans-to-introduce-zero-tolerance-bill-package-for-high-risk-repeat-
sex-offenders
Top Stories: Laws that Went into Effect (IL), January 6, 2010:
HB712: parents who marry or live with a sex offender must tell their children’s other parent.
http://www.rochellenews-leader.com/v2_news_articles.php?heading=0&page=72&story_id=3748
Court Nixes Juvenile Sex Offender Registration, January 6, 2010:
The 9th Circuit rejected as unconstitutional a legal provision requiring juvenile sex offenders to register and report four times a year, saying it could “wreak havoc” on the lives of former offenders who are now law-abiding adults.
http://www.courthousenews.com/2010/01/06/23402.htm
(Yes!)
Local Legislators Express Concerns on Budget (ID) January 5, 2010:
Amending Idaho’s rape statute. Under current law, consensual relations between an 18-year-old and a 17-year-old are treated the same as forcible rape. While I do not condone premarital sex, I do not believe a young person using poor judgment should be punished as a rapist.”
Hill chairs the Senate Local Government and Taxation, the Agricultural Affairs and the Judiciary and Rules committees.
http://www.rexburgstandardjournal.com/articles/2010/01/05/news/24.txt
Delaware Lawmaker Proposes Tough New Sex Offender Laws, January 4, 2010:
Sussex County Rep. John Atkins, D-District 41, plans to introduce several measures into the General Assembly next year aimed to protect children.
According to Atkins, one measure would require repeat high risk sex offenders to have the words “sex offender” stamped on their drivers’ licenses.
And yet another plan would require sex offenders who target children younger than 12 to be chemically castrated if they are over the age of 21.
Atkins said he may also introduce another piece of legislation requiring the worst sex offenders to place a special license plate on their car designating them as sex offenders.
http://www.wboc.com/Global/story.asp?S=11753242
Attorney: Sex Offender Law Unconstitutional January 4, 2010:
Law Took Effect Monday When Judge Lifted Restraining Order
http://www.ketv.com/news/22121599/detail.html
Controversial Change to Sex Offender Registry Takes Effect (NE), January 4, 2010:
http://www.kptm.com/Global/story.asp?S=11766636
Enfield Resident Wants Sex Offenders Banned From Parks (CT) January 4, 2010:
http://www.courant.com/community/enfield/hc-enfield-sex-offenders-0104.artjan03,0,1284414.story
The Dangers of a Bigger Sex Offender Registry, January 4, 2010:
http://criminaljustice.change.org/blog/view/the_dangers_of_a_bigger_sex_offender_registry
An Unfair Stigma? January 3, 2010:
http://www.heraldpalladium.com/articles/2010/01/03/local_news/1036929.txt
(Great article!)
Lower-Risk Offenders: New Law Unfair (NE), January 3, 2010:
http://journalstar.com/article_e2043794-f81a-11de-b000-001cc4c002e0.html
OUR OPINION: Sex Offender Ordinance Likely Won’t be Effective (MA), January 3, 2010:
http://www.patriotledger.com/opinions/x1444028527/OUR-OPINION-Sex-offender-ordinance-likely-won-t-be-effective
Study: Third of Juvenile Sex Offenders Target Other Kids, January 3, 2010:
http://www.usatoday.com/news/nation/2010-01-03-kid-sex-offenders_N.htm
Online Sex Offender List Blocked (NE), January 2, 2010:
http://www.omaha.com/article/20100102/NEWS01/701029871
Neb. Attorney: More Work Ahead on Sex Offender Law, January 1, 2010:
http://www.ktiv.com/Global/story.asp?S=11756123
Petitions Call for ‘Sarah’s Law’ (MD), January 1, 2010:
http://www.delmarvanow.com/article/20100101/NEWS01/1010301
