« Sentencing year in review | Main | More holiday season state Blakely rulings »

December 27, 2004

Noteworthy (and unconstitutional?) sex offender collateral consequence

In conjunction with a recent Ohio conference on "Collateral Sanctions in Theory and Practice,"  I have blogged a bit here on the array of collateral legal sanctions which flow from criminal convictions and their impact on offender reentry. (For the full story on this important issue, the folks at the Sentencing Project have the goods here.)  But, thanks to Jonathan Soglin at Criminal Appeal, I see that California has come up with a noteworthy (and possibly unconstitutional) new restriction on sex offenders.

As thoroughly detailed in Jonathan's thoughtful post here, a couple weeks ago, California's Attorney General Bill Lockyer announced the unveiling of the Megan's Law sex offender locator site.  This site, which is quite user-friendly and provides access to information on more than 63,000 persons required to register in California as sex offenders, is itself noteworthy.  But particularly catching my attention is Jonathan's report that the California law which led to the creation of this resource (AB 488) also includes a provision making it a crime for registered sex offenders to enter the site.  Here's the text of Cal. Penal Code § 290.46(i), which I am inclined to call a web-surfing prohibition:

(i) Any person who is required to register [as a sex offender] who enters the Web site is punishable by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment.

Jonathan's post details some of the illogic and unfairness of this web-surfing prohibition, and I share his instinct that there may be constitutional problems as well as policy concerns with barring sex offenders from accessing a website which provides information about them.

On this interesting constitutional issue, I would especially like to hear from legal mavens like Profs Orin Kerr or Eugene Volokh at The Volokh Consiparacy or Prof. Larry Lessig.  My first question is whether this law breaks new ground simply by making it a crime for certain people to access a publically-available website.  (I am way outside my field of expertise here, since all I know about computer crimes is that you can get a pretty serious sentence for hacking.)  I can imagine a number of ways to challenge such a law, but I suspect there is already some relevant cyber-jurisprudence to inform this issue.

At a broader policy level, both the sex offender website and this questionable California law reflects the pariah status of sex offenders in society today.  I have spotlighted this issue and related sentencing matters in a few prior posts:

December 27, 2004 at 02:34 PM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e200d8346f5cad69e2

Listed below are links to weblogs that reference Noteworthy (and unconstitutional?) sex offender collateral consequence:

Comments

CIVIL RIGHTS OF ONE TIME OFFENDER, 15 YEARS AGO

The Sex Offender Tracking Program is responsible for determining if any sex offender registrant who applies for exclusion from the Internet web site qualifies for exclusion. Registrants whose only registrable sex offenses are for the following offenses may apply for exclusion: (1) sexual battery by restraint (Penal Code § 243.4, subd. (a)); (2) misdemeanor child molestation (Penal Code § 647.6, or former section 647a); or (3) lewd and lascivious acts with a child under 14 (Penal Code section 288) or continuous sexual abuse of a child (Penal Code § 288.5), but only if the person convicted of section 288 or 288.5 successfully completed probation that was granted pursuant to Penal Code section 1203.066, subdivision ©.

I was convicted in 1991 of one offense of 288.5 and completed probation. I have been posted on the DOJ website for this one offense, 15 years ago. I have registered every year and never been convicted of any offense. I have much remorse and have lived a clean and decent life. I am permanently disabled with advanced Multiple Sclerosis and cannot walk without the use of a walker. My wife lives in fear of being targeted in our rural community of a hate crime. The California Department of Justice has stated they will consider excluding me when they receive the proper paperwork.This process has been arduous since the offense is 15 years old. I have met with much opposition to secure the paperwork. I support what the State of California is doing to educate the communities for safety purposes but I am not a threat to public safety due to personal circumstances, my severe disability and conviction history. My family is in danger of being threatened, intimidated and harassed. The victim of this offense which occurred 15 years ago may quite possibly to shown the Internet posting to her by my ex-wife which may be psychologically harmful and detrimental to her. The minor involved is now 18 years old. I have had no contact with the two minors from this marriage for approximately 10 years now.

I received the letter from the California Department of Justice in late November. They requested original court documents with a raised seal and a certified copy of the probation report, gathering these documents within a month is impossible. I can only surmise the intention was to post to the Internet before given a chance for exclusion. I guess the 14th Amendment does not apply. My concern is for the implications to my family. They do not deserve to be ostracized and subjected to Hate Crimes. We have had several scary incidents already. My son has lost all his friends. My wife is in severe emotional distress. We support what the State of California is doing but in some cases, it is a witch hunt. My family is subject to threats, intimidation and harassment. The State of California must not believe anyone convicted of a single sex offense is capable of rehabilitation or reform. I have repented and been in compliance with the law yet I am plastered over the DOJ CA website as well as the DOJ US website. I was told whenever I registered I was considered "low risk".Why not a brand across my forehead.

My wife and I only concerned with the implications this has on our innocent son. HE is the one being subjected to reprisals. Obviously, we are working on the exclusionary clause we are under but the damage has been done.

Posted by: Poster Child | Jan 25, 2005 12:18:16 AM

It appears that the exclusionary clause does not allow for the exclusion of many people (namely me) and that at present it is an all inclusive arrangement. Great for cruises, bad for this web site.

What is the best way to stay apprised of any class action suits or other legal challenges to these web sites.

Cheers.

Posted by: Octavious | Mar 2, 2005 10:52:37 PM

This information is for those that are experiencing a force to move due to these issues. I can only hope it helps. We have gone through so much with this issue and find that people are not more informed by the registry but that they are less informed by it.

What people say is that a little information is dangerous. That is what the registry is. The registry offers just enough information to enrage people. The black and white approach to a offender is along the lines of the current structure used by or administration in all matters today.

Enough said on politics, The following was compiled for court concerning our eviction. The eviction was overturned.

We have evidence that the eviction was Unlawful by breach of the rental agreement between [Properties Corp. Management] and ourselves in both written evidence and a voice recording between [Property Management] management and my wife. Use of prohibited information P.C. 290.46(j) we ask that you examine the evidence.

[Please see defense exhibit A.]

On Friday, January 28th, 2005 my wife and I were served with a 60-day Notice to Move Out of our residence at [undisclosed].

When we got the notice we asked the representative from [Properties Corp. Management] if he knew the reason we were being evicted the representative said he did not know. My wife said that I should talk to the managers to find out what they could tell us about the eviction.

I went to the on-site manager’s apartment and found [Property Management] home. [Property Management] said, “you don’t know about the flier?” She informed us of the fliers that were posted, with my picture, name, and offense on the front gate of the building and a stack on the mailbox. [Property Management] said the fliers were the reason we were being evicted, and suggested that the flier were posted by a particular tenant and pointed to an apartment. [Property Management] also explained that the tenant was moving out because of my offense.

[ Wife] advised me to call [Property Corp. Management] to find out what was going on.

Our representative at [Properties Corp. Management] did not want to discuss the particulars over the phone but offered an appointment to discuss the matter on Monday the 3rd of February, and would call us on Monday the 3rd to give us a time.

Finding 1999 WL 107539 Cal.A.G. subsection (c.) concerning the registry. “Any person who copies, distributes, discloses, or receives this record or information from it except as authorized by law is guilty of a misdemeanor.” And now knowing that I was being evicted for this reason, I began writing letters to law enforcement to advise them but hoped all would be OK on Monday.

[Please see defense exhibits B. 1.) 2.) 3.) 4.)]

On January 2nd, 2005, I talk to neighbors about what was being done. One asked if they could sign anything verifying the origin of the fliers, what they had seen, and verify that we are good neighbors. I designed the form for the neighbor to sign and asked others to do so to prove that there was no hidden agenda, that my neighbors knew openly about my offense prior to any public dissemination of information printed off the California Sex Offenders website and that I was not embarrassed to tell my neighbors about my past so [Properties Corp. Management] might reconsider.

[Please see defense exhibit C.]
I went by the police station and left a message and letter for [Officer] at the local Police department. The message concerned the fact that my wife and I were being evicted and the need to report this.

[Please see defense exhibits D.]

I then went back to our apartment and [Property Management] was at the mailbox. [Property Management] informed me that she could no longer discuss the matter with us. Their residence manager’s position was in jeopardy if any more information was discussed. I wrote a letter dated Feb 2nd 2005

[Please see defense exhibit E.]

On Monday morning, January 3rd, 2005, I waited for a call from [Properties Corp. Management] with no results. My wife suggested that I go to go to [Properties Corp. Management].
[Properties Corp. Management] informed me, “That they had been advised not to talk to me.”

I went to the police station and left a letter for [Officer], concerned the fact that we were being evicted and the need to report the crime against us, detailing we were being evicted because of the posting of the information, and our need to have someone come out to take a report and investigate the matter.

By this time, my wife and I were completely distressed having been in the same building for 3½ years, the onsite managers, who has watch our cats while we were out of town and even been asked by them to sweep the courtyard and water the plants of the building while they took trips to Florida, were now telling us they could not talk to us.

We needed to file a case somehow to protect our home. I had written a letter that I had given to [ Officer ] and decided to revise it and deliver it to the District Attorney’s office in hopes of getting a case filed.

The District Attorney was very kind to hear my concerns and told me that it was under advisement. That night I spoke to a friend in the building, who is an attorney and he told me that the District Attorney would not be as willing to get involved as the City Attorney would. He advised going and talking to the City Attorney’s Office.

On January 4th, 2005, I returned to the courthouse and spoke with a City Attorney in a courtroom. The City Attorney told me to submit the letter to the Office of the City Attorney. I went to the office and was told by the receptionist that they had knowledge of this and I could not submit the letter. I explained that the City Attorney had just told me to come to that office to submit the letter. The receptionists were adamant, so I left the building.

[Please see defense exhibits F.]
I went to the police station to talk to [Officer]. I explained again that we were being evicted from our home because of the public posting. [Officer] gave me a copy of an e-mail by City Attorney. In that information was a partial letter from Chief Assistant City Attorney that said, “If the harassment itself takes the form of a misdemeanor, the police will do whatever you all are supposed to do. If people who are not at risk are using the website, they could be civilly liable or subject to restraining orders.

I had not left anything out and explained that we were being evicted. Embarrassment was not an issue over the 20-year-old offense. I take my rehabilitation extremely seriously in my efforts to never give anyone any reason to doubt my actions or regard me as a threat.

[Please see Defense Exhibit G]

Entitled Megan’s Law Penalties for Misuse of Sex Offender Registrant Information.
sighting [(Pen. Code 290.46, subd. (h)(1).)]” my wife printed this for submission at her work.

[See attached defense exhibits H.]

A letter from the Assistant City Attorney of the City of [City] noting that “ it appears you may have a valid cause of action under Penal Code section 290.46” It also states the decision to prosecute a criminal case is based upon strict legal definitions.

[See attached defense exhibits I. Both Civil and Criminal.]

Unlawful Discrimination

To prevent unlawful discrimination.

1998, the California Legislature passed, SB 1989. At the bottom of our rental agreement, line 34 notes that the information is available to anyone including [Properties Corp. Management] from the time we signed the agreement. The flier could not have been a revelation to [Properties Corp. Management], and after 3½ years of tenancy with no late rent, no problems, no risk, to react to this information this way was beyond reason.

Subsection 290.4(j) states in relevant part:

A person is authorized to use information disclosed pursuant to this section only to protect a person at risk. [Emphasis added]

Except as authorized under paragraph (1) or any other provision of the law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited: [Emphasis added]

Health Insurance
Insurance
Loans
Credit
Employment
Education, scholarships or fellowships
Housing or accommodations [Emphasis added]
Benefits, privileges, or services provided by any business establishment.

The statute indicates that this subsection was intended to prohibit the use of the sex offender registry to discriminate against sex offenders with respect to any of the listed services including “housing or accommodations.” We argue that denying our rental based upon my being a sex offender is unlawful under this statute.

Discrimination in this regard by law is a misdemeanor. Denying housing by use of information on the website is prohibited.

I have been denied Due process of law. Not being granted the right to report the crime.

If a person is authorized to use information disclosed pursuant to this section only to protect a person at risk. [Emphasis added]

Who is it that is at risk? The definition of credible risk does not apply.

My offense was incest 20 years ago. Since my release over12 years ago, I have not nor do I have any inclination to re-offend. We have been living in the same residence for 3½ years. We have made many friends who live here, and we have and are proving that I have successfully moved on from my past. The American Psychological Association has found only a 13% average recidivism rate for sex offenses. In my case I have PDM, which diminishes my interest in sex immensely. Given my age, offence which dose not even qualify my being on the register and my extensive counseling my recidivism rate is less than 3% My openness to my offence and obvious disclosure proves I have put my past behind me

My wife has never committed any crime. We are still in contact with friends who used to live in this complex who have since moved away and know of my offence. I live my life not to be a threat to anyone. My wife has never committed a crime, and now a crime has been committed against both of us.

The mere fact that a 60-day notice to move was served on January 28th prior to rent being due without specificity to the reason why we are being evicted, nor its appearance in the summons giving us a case sends a message [Properties Corp. Management] is discriminatory to sex offenders both civilly and criminally under these conditions. We had made every effort to work with management. That failed. We tried to get a case through what seemed to be the appropriate channels. That failed. We anguished spent a lot of money and time over this and due to our limited funds and knowledge of law or what to do; the only recourse we could come up with was for us to defend ourselves the best we could before you, your honor.

[Please see defense exhibits D.]

In our Rental Agreement, there are legal rights to our residence.

Line 15: Any changes are subject to laws in existence at the time of the Notice of Change of Terms.
Line 16: Where law requires just cause, such just cause shall be so stated on said notice.

[Properties Corp. Management] used an Unlawful Eviction by use of Prohibited Information, to evict us. [Properties Corp. Management] was aware of the information and used it contributing to the situation by the eviction through use of the prohibited information to commit Housing Discrimination, braking local ordinance and our rental agreement. The contribution of[Properties Corp. Management] created a situation where both [Properties Corp. Management] and the poster of the information printed off the California Sex Offenders website are liable. Had they had not used the information to commit Housing Discrimination both would not be liable.

Senate Public Safety Committee Analysis of SB 1780: Section J.

States that in the California code, all punishments are for the misuse of information or commission of a crime against the offender's privacy. These penalties are, in fact, stricter than those in Massachusetts, but they happen after the fact.

We ask for compensation for the misuse of information assessed by Megan’s Law appropriately for discrimination and exemplary damages and civil penalty, and our case be forwarded to criminal court to apprehend the instigator and perpetrator of this crime which brought the case to you. Including preventive relief, an application for injunction, restraining order, or other orders against the person(s) responsible for the misuse of Penal Code 290.46,subd. (j)(4)(B).) Being disabled, provided we are required to move we ask for relocation fees also.

Posted by: Rich | May 29, 2005 5:24:20 PM

Anyone who commits 288.5 or any other sex crime against a child should be "brand for life" and have "...a brand across my forehead." THE REST OF THE UN-SICK WORLD HAS A RIGHT TO KNOW IF YOU SICKOS ARE IN OUR NEIGHBORHOODS SO WE CAN PROTECT OUR CHILDREN FROM YOU!!! As far as your civil rights go, you lost those when you chose to scar a child for life. If you moved in next door to me, I'd put a sign in my yard with your picture on it and the staement "A child molestor lives next door, guard your children!!" I don't give a crap about your rights, my child's right to safety from you comes first. Stay out of my neighborhood!!!

Posted by: none-ya | May 31, 2005 8:18:49 PM

My husband has to register as a 290 for the rest of his life, which he does. He was convicted in 1978 and someone saw him on the Megan's Law website and told the manager. We got a letter on July 5, 2005 that we had to move out August 8, 2005 because we didn't put it on our application. I don't think after 28 years the senior/disabled apts. can make us homeless by evicting us. I feel it's none of anyone's business. My husband was eighteen. We are both disabled, pay our rent on time and just want to be left alone. We are going to be fighting the eviction. I'll be looking for any info to help.

Posted by: Gayle Milner | Jul 10, 2005 7:36:04 PM

Well, lets see. I was at a legal nude beach and I crossed out of bounds by 2 feet(but I failed to see the sign saying not to step out of bounds). They charged me with indecent exposure Cal penal code 314.1 (I think), Which is a registerable offense, lol. Right after giving me the ticket the officer told me, "now if you step back 2 feet you can take your cloths off again and you'll be fine." That should show you how ridiculus this law can be. I'll tell you one thing, if they mistakenly post me on that site I'm going straight to the local media and major news networks, and setting up my own website with a copy of the police report, I'll give news interviews and film those misguilded vigalanties outside my house. That is what I highly suggest you do is copy your blog and send it to the local news media.

For your info, I have no interest in sex or nudism. I just did it because people were staring at me because I was the only one with cloths on and I was embarrased, so I took them off. I wanted to walk a little bit down the beach to check the
waves. Does that make me a pariah to be osterasized?

This is sort of a ridiculus law that lumps in people having sex in the back of cars, guys on spring break grabbing girls butts and college students on spring break flashing breats. I hope some state law maker reads this and does something, if you have ethics.

To that one guy, your health declining should tell you to just get close to god and forget all this judical madness. To the other vigilante freak, your anger is misguilded and you need a chill pill.

Posted by: Jon R | Jul 24, 2005 8:30:17 AM

i'm a convicted sex offender in northern california - i was convicted in 1991 of PC Sec 288 and served several years. i have been offense free since my release and was unanimously adjudicated in a civil trial in 1998 as "not lkely to reoffend" by twelve jurors. i register every year as required by law, have a successful local business with little or no public contact, own a home in a private neighborhood, and my neighbors know about me but only one has ever confronted me with the knowledge.

since google has begun using california's sex offender database on google searches, my name shows up as a sex offender as the very first listed item on google search. this sort of public disclosure seems contrary to california law which prohibits discrimination or inappropriate use of information from the sex offender registry, and the state itself is the perpetrator of the act of providing the information more widely than the limited use proscribed by law.

since i am working very hard in my life to be a productive member of society, it is seemingly unfair to expose me to public ridicule in this way - certainly if i were on parole or probation and had more recently committed the crime there would be a greater probative value in releasing this information. it seems, however, that after some period of time has elapsed an offender's risk factor must be reduced and a process for reevaluation of the offender's status regarding publication on the web should be reconsidered.

certainly i'm not arguing against people's right to protect their children or families, but what right does someone halfway across the country having little or no contact with me under any circumstances have to know this information about me? it makes no sense...has our society reached such extremes that no individual is able to redemm themselves in the publics eyes?

Posted by: rural registrant | Dec 17, 2005 1:58:19 AM

i would like to talk frankly about this WRONG california megans law
back in the early 1970s i was railroaded into
a false arrest wrongful misdemeanor sex conviction
in los angeles county california
in fear for my life or JAIL HOUSE RAPE i was
forced to take a guilty plea i was ionnocent!!
in 1996 the state of california made all former
sex convictions from check this out 1944 on to
have to REGISTER at the POLICE / SHERIFFS
stations every year on thier birthday !!!
on or about the year 2003 they finally caught up
with me and i did not know what was going on at
all!!
suddenly i was ARRESTED in rough hard HANDCUFFS
and on my way back to JAIL for failing to REGISTER
form that point on i am FORCED once every year to
go to the pasadena police station only to get
DELAYED and put off and told to go away even
after repeat APPOINTMENTS i am told everytime ...
''the lady who does that is not here'' !!!
and so what usually happens is my regestration s
are always LATE ''the pasadena police''
this last time i was ARRESTED and BOOKED for not
registering HELL I WAS TURNED AWAY FIVE TIMES !!
finally after 4 weeks i finally got to tha' LADY
now i face court AGAIN for something i did not do
back in he early 1970s !!!!!!!!!
WHERE IS THE JUSTICE HERE !! none for black men !!
and none for me !!
i may have to leave california when i become a old
man i do not want to have to do this forever!!
the state of california megans law is wrong!!
it must be reformed completely !!
i have never been charged or even accused of any
nothing like this ever since the 1970s
and i did not do what they said i did then !!
WHY AM I A SEX REGISTRANT FOR LIFE NOW !!!
WHY ???????????????????????????
THIS IS AN OUTRAGE !!!!!!!!!!!!!!!!!!!!!!!!!!!

Posted by: lincolnmontana | Feb 12, 2006 11:55:07 AM

I am not a doctor nor a professor. I am a victom. Long ago 1974 I lost my father 2 sisters & little bro to a drunk. My uncle took me under his wing. At that time he molested me.I was 10 I am 42 today.Some time ago I filed charges He confessed to over 100 counts of sexuail miss conduct with a 10 year old.He was arrested His employer Trona Unified School Dist, Put up his bail,$10,000.oo cash.He is stil employed their. Infact hes ADMINASTRATOR . Seems this law passed in CA TOO MUCH TIME HAS PASSED & AN ADMISSITION AF GUILT IS INSAFITIONT NO CONVICTION. MY child attends their.Bringing it out in the open was bad enough, This person working at a school . THIS IS AN OUTRAGE !!!!!!!!!!!!!!!!!!!!!!!!!!.

Posted by: william fuller III | Apr 22, 2006 12:02:58 AM

I am applying for expungements right now ..I have a court date with a judge in Fremont . in 1987 a young girl under 14 and her older sisters 16 and 17 walked on my property and climbed up the planter box below my bedroom window on my property and looked in as they started to giggle I realized they were looking through my louvers of the Venusian blinds as I was getting dressed.
5 years later the youngest one visited my church along with her family . I felt bad for her because to that day I was not sure if she was actually there looking through because it was at night and I could not see through the louvers anyway , they were closed as much as they could be. so I just tried to tell her that it was wrong and was going to tell her that her sisters were wrong for letting her come up to my window to see me dressing. But she didn't let me finish and ran off to her family , she was now five years later 16. Two months later I was called by the police to " button up a case" that they needed help to solve. They new that a misdemeanor was if anything but no touching could be involved because I was in my own privacy of my bedroom on my property. She and her sisters were invading my privacy as soon as they approached my window to look into my window to see what I was doing in the privacy of my home. There is a law that could be used right hear our of PC 832 course I took recently that states the right to privacy includes anything near or close to the house you live in but not the side walked , that's public .So to be accused of what they finally lowered it down to was still not at all applicable because the description of the PC 647.6 states from " public way " they were not on public way , they had to be on my property to climb up the planter box to look through the louvers up close to see anything in my bedroom. but what they did was accuse and force me to confess to PC 288 a , so I said what they wanted me to say out of the promise they gave me that I could go to work that day right after I admitted to it ,so I did and went to county jail ...
I still did not want to be around police or court so I plead guilty , they the prosecutors were shocked and literally ran up the to judges bench and the judge said but we're going to lower down to PC 647.6 because the family of the victim doesn't believe you need prison time.
So far after attending Butte College I have had death threats for 9 months straight, there was a leak of information from campus police to my instructor , who went straight to the deans office before school even started and tried to get me expelled from campus , but they told her that I had done everything according to the required registration laws of PC 290 and had a right just like anyone else . So since she couldn't get rid of me like that , she somehow let some of the students know and they in turn spread it among the other 75 other students . I finished the course but had to go to the hospital twice for nausea and dizziness from blood pressure soaring through the roof ...
While telling the campus police , they stopped and looked at each other and nodded as to say to one another that I needed relief from this so they printed up a form that said " exclusion from Megan's law requirements" Internet information .
So I was given help there and it is gone. I just happen to be in the right category .
Now to get a job I need to get first expungements which anyone can obtain the paperwork through the court house that you were convicted of the crime in and fill out the forms . when you send them in they will give you a court date..that's it .
after expungements if I am granted them PC415 disturbing the peace and PC 647.6 molest/annoy a child under the age of 14, is " sealing the records " so I can apply for work.
Then last but most important . The "Certification of rehabilitation" and this you can get too, using character refence letters among you peers.
Doctors too , poloygraph tests ..
take care \
ps I never touched any child the police had to force me into a confession of a felony because even the the most obvious would be " indecent exposure" but they knew thats only one year can you report them but not a felony pc288a you have all the time in the world to report and convictt someone they want to get ...But its not over yet...I am going ot keep going forward and be the best citizen i can today .

Posted by: daniel | Jul 3, 2006 6:40:52 PM

If you guys think that is bad, take a look at what Georgia is doing. They have a new law that no sex offender (regardless of what the crime was) can live 1000feet from a school bus stop. Officers of the law are now forced to pass out notices that only give the sex offender 72 hours to relocate. They have no concern about there families or where can they possibly live. Many counties have released information that there sex offenders will have to leave the county completely. How can this be Constitutional?

Posted by: L.J. | Jul 27, 2006 8:10:20 AM

My son is 43 years old and was just released from prison where he served almost half of a 5 year sentence for "criminal solicitation of a minor". He was caught is a sting talking to an undercover police posing as a teenage girl. This was his first brush with criminal justice. He now cannot get a job, he is a truck driver, and his parole officer will not let him drive. What should he do?

Posted by: Syble | Jan 29, 2007 9:19:13 PM

my son was convicted a sex offender. he has ruiened his life and ours. he has no place to live now because his landlord has asked him to move. all his life he has made bad decisions, he lives in chanute kansas and i am sure we will have the same problem here in atchison kansas. i am so scared and unhappy i do not know where to turn. i cannot seem to stop crying.

Posted by: linda cave | Feb 13, 2007 2:49:22 PM

My husban is a tier 2 offender he got out of prison 4/06 and we have a daughter 1month old and a son 8 i live in subsidize housing he came home and moved in with us now they evicted us as of 6/07 we have to move we have no money he works part time no one wants to hire him! We went to court5/07 the judge said sexoffenders cant live in federal housing.. how can a judge throw a family on the streets! thats all that lives in housing projects crimminals why worry about the people who want to be a family and live a life... you cant now and days! where can we get help!!!!!!

Posted by: karriann | Mar 31, 2007 8:36:29 PM

I Love you girls

Buy

Posted by: LeOgAhEr | Jun 1, 2007 4:22:56 AM

http://sexxarab.info x

Posted by: Zmajrxd | Jun 2, 2007 10:47:05 AM

Forced to register so you can be discriminated against...forced restrictions=punishments. Forced against your will...enforced segregation...there are a number of issues / situations that have not been raised that can stop these codes/laws. The fact that a state official will put you in a level/category/label definition/ or group raises issues in itself. Read my report. Keeping people oppressed won't work. There are people who seek truth and justice. Oppression is injustice. With codes/laws like these it is far too easy to keep people oppressed. The Constitution forbids it. Tampering with evidence and obstruction of justice is NOT public policy and cannot be allowed to be maintained by a state . Read my report. Freedom doesn't come from the genorosity of the state , it comes from the hand of GOD. Freedom is indivisible. Please donate or send for my report thank you. $ 55.-- MOLINA 927 south Bruce- # 5 Anaheim, Ca. 92804

Posted by: MOLINA | Jun 7, 2007 9:01:59 AM

the problem I am having is getting somebody to listen and look at evidence in a case involing my husband , in 2002 my husband went to his primary care doctor he had only seen him once or twice before , like most men he had not see a dr in quite a long time, he went in complaining of being tired all the time losing weight not eating and loss of libido, his dr told his he needed testoterone shots and started them that day , he sent him for blood work but not to see what his tesoterone level was the labs came back and it showed that my husband had hepatitis c and probably had it since his 20's he was now 48 he was sent to a liver dr who did a biopsy and found liver damage and that the hepatitis c was active the liver dr told him he would do another biopsy in a year or two, he sent a letter to the primary care dr and told him his symptoms were most likly related to hep c and that he probably did not need testerone, the primary dr never told my husband this and continued the shots for a while every week, my husband was feeling better but he soon started to think about sex constantly, I noticed some changes in him but i was taking care of my mom who lived withus at the time and had medical problems, i had a son In Iraq, and i was also trying to take care of my paronoid schizophrenic brother, for my mom I also worked full time, my husband asked the nurse giving the shots if it was normal to feel horny all the time, she replied most men like feeling horny all the time, lateer he noticed that his testicles were getting sore he saw the dr and the dr told him he had a backache my husband also asked if there were side effects to the testoterone the dr replied no, soon his testicles got to the point where they could not be touched and he was getting severe headaches, finally the dr decided to to testoterone levels on his blood for the fist time it was 850 the dr then cut the shots in half and did the labs again it was over 1300, during the stages of the high testoterone my husband had foud a yahoo chatroom that people just talked about porn and sent thousands and thousands of pictures to him some one did ask him once if he had little kid pictures and he said no i dont he did not try to pick anybody up in there he mostly listed to the chat and looked at the adult pictures as a way to release himself, it was like an obsseion when the dr startedd pulling him of the shots he was not going in there he had not gone in there before the testerone either but in all those thosands of pictures most he did not look at someone did send him kiddie porn my husband never sent pictures to anyone, in nov 2004 the dr was still tapering him of the shots he was arrested for child pornography,and the lawyer he hired knew that we did not have a lot of money so he told him to take the plea deal or if he fought it he could get 102 years in prison my husband found to experts on testoerone and the looked at all his medical records, labs, and polygraf and physcological report and stressed that it was the testoterone otherwise he would not have had such a sexuall obssesion he had his normal testoterone tested after he had been off the shots for a few moths it was 650 and the dr he saw told him that that was high for his age and he never needed testoterone shots. but the prosecuter in the case gave him a plea deal of 5 years and life probation as a pedophile, and the probation office said that she had worked with pedophiles for 5 years and that testoerone does not make you do that, the prosecuter agreed with my husband lawyer that they were not doctors and did not know what it can do but when my husband got the reports from the experts the prosecuter just laughed them off. now none of them will respond to questions contacted legislature andrew thomas refused to speak to me and the prosecuter has never rwponded to my request, the govenor says she cant help and All I want to know is how this can happen to a hard woking guy who does not have any priors and he is certainly not a pedophile or I would know it He has raised my son since he was seven years old our neighbors have 2 little girls nad they know my husband is not like that, so because of a law that is black and white my husband is sitting in prison while the dr who gave him the shots is giving them to how many other men that dont need it also testoterone is metablized in the liver and my husbands liver was damaged, but apparently the laws in this state do not care as long as the get their conviction they dont want to know the truth, my son has to go back to Iraq for his third tour in nov knowing his dad is in prison for something that at the time he had no control over, and he has to fight for our freedoms but yet nobody over here will help fight for my husbands, also a week after he was put in prison my mom died and he could not even say good bye to her she had lived with us for over nine years

Posted by: carol | Jul 6, 2007 10:26:31 PM

Aha, so there I was, 23 yrs old, just realized my "internet-girlfriend" which I had visited and had relations with several times was cheating on me. Oh...but not really... her husband was the one cheated, I guess I should've asked if she was married or not... Hrm...but I did!

So feeling like sh*t... I believe it to be the worse moment of my life so far back then. I decided to get back at her... I started talking to other women on the net... and copying and pasting to her everything I said to these other women. Just to make her feel I didn't care about her or her feelings.

So while doing this...and lost in my sense of revenge, I find this lady "sizuq17" which had seen on the chat room several times before as "sizuq18"... interesting I thought, right away I understood she was neither 18 or 17, I confirmed this thru several clues she gave me while chatting... knowing about the "minors" issue, to start with, I always thought she was in my "range"..5 yrs difference, heck!

Just by typing "lets have sex" made me an offender. And worse when she said "but I'm 17" and I answered "hehe, no problem" thinking "yeah right, you are 17 and I'm 10", because I knew it was lie, and it was, but still! After almost a decade in this chatting communities, after seeing the lies so many times, cosidering myself an expert here, I see thru them. But none of this matters...she was a 50 yr old male officer. (entrapment?)

Law doesn't care about one owns judgement even in the presense of a unacted crime.

Posted by: Ponavi | Jul 17, 2007 3:37:35 AM

ok guys i live in ma. I an convictes offender i was convicted by way of plebargen back in 1999 in the state of N.Y. for 2 counts of sex abous and here in ma. its called somthing difrent and is a mutch higher lvl feleny here i have been out of jail sinces 1999 i did 1-2 years in jail now it took from 99-05 till i was classifided lvled as a 3 the highest lvl now i have not been acused or charged or even arested for any thing at all its not 07 almost 08 ok and i am going to be applying for a lower lvl i go to one on one counceling and group sex offender treatment i do it couse they look at that asa facter in the lvling prosece so i have to do this i am not on parole or probation i am not reqierd to do any of this but i am to get a lower lvl but i can't get work at all couse of my lvl i am legaly blind and live off ssi and ssdi and live in lowincome housing with my wife and we been here for 2 years now and not real had any problems but i use to work at a hotela nd had a apt ther and me and my brother who also worked ther were stabed back in may 26th of 04 becouse a tenit found out couse of a co worker who eleggaly took my info off the computer and elegaly abtaned my info from the police in the city i live in be for i was clasifided the law here is that no info can be given out at all untill you are finily clasifided so he were both stabed and left to dye in the loby of the hotel my brother was stabed in the head and ulmost was killed and is permenitly changed and has mager brain dmg and never will beabel to live independtly he has no criminal record never been trubel with the polices this happend couse of my conviction but yet the guy that did this was given a 5-7 years in jail by the juge he was not charged with a hate crime he should have been he should of been in jail for 20 years not for real what happend to me but for what happend to my brother wtf is going on with the law is ther nothing ever going to change or be relised that the registrys dont work the right way needed and needs to be changed or over halled? well i hear all of you problems you are all facing but one thing till every sex offender out of jail start working and getting in tuch with one a nother and star filing law suets against this and fighting back nothing will change ever fight back make noise who give a damm let them see we are hear and have rights fyi to the people that think couse of are crimes we lost are rights we did not no were in the constatushen dose it say that at all nore in the bill of rights so get it threw too you thick heads we have the same rights as you and we all need to start fighting back and doing what is needed hell the blacks did it for ther rights in the 60-70s snd even be for that yes it took time to get them we can do the same its just a nother civil rights movment but to fight for are right to live in pices after we get out of jail with out being haraced or botherd at all plz tell me what you all think thank you

Posted by: guyfro ma | Oct 7, 2007 10:29:45 AM

Current positivist approaches generally focus on the culture. A type of criminological theory attributing variation in crime and delinquency over time and among territories to the absence or breakdown of communal institutions (e.g. family, school, church and local government) and communal relationships that traditionally encouraged cooperative relationships among people. People think this to be true because they do so.

Posted by: buy viagra | Jan 20, 2010 3:08:55 PM

well i hear all of you problems you are all facing but one thing till every sex offender out of jail start working and getting in tuch with one a nother and star filing law suets against this and fighting back nothing will change ever fight back make noise who give a damm let them see we are hear and have rights

Posted by: viagra without prescription | Apr 1, 2010 7:45:37 AM

go to:
justaskmychildren.com true false alegation in california

witchhunt.com

www.psychlaw.net/seminars.hen

CHK THIS EVIDENCE

I HAVE NOTHING TO LOSS SWIT ME?

Posted by: joe bedolla | Apr 7, 2010 12:26:47 AM

go to:
justaskmychildren.com true false alegation in california

witchhunt.com

www.psychlaw.net/seminars.hen

CHK THIS EVIDENCE

I HAVE NOTHING TO LOSS SWIT ME?
I'M A MEMBER OF AWC=AMERICAS WRONFULL CONVICTED

Posted by: joe bedolla AK- AWC | Apr 7, 2010 12:35:27 AM

I agree with the previous post

Posted by: Jennifer | Jun 1, 2010 3:12:23 PM

HOW THE MEDIA AND LEGISLATORS DESTROYED THE SEX OFFENDER REGISTRY IN ILLINOIS How this makes all our children vulnerable to predatotors

I am on the sex offender registry for having a consensual relationship with my now wife, in 1998. She is 27 years of age today!!!We now have two beautiful children.There is an answer to the question ",why cant the police watch sexual predators better and prevent future horrors."?
The answer is not what people want to hear as this subject is driven by hysteria and knee jerk legislation to appease a roman colliseum, mob type mentality.

There are thousands and thousands of consensual,statutory cases on the sex offender registry in each state,Plus juvenille cases(19 year olds with 15 year olds) ,public nudity,exposure,prostitution,indecent behavior,public peeing etc.

There simply are not enough police to monitor all these cases. Because the states wont interject risk assessment hearings, all sex offender registrants are lumped together and there simply isnt enough police power to monitor all registrants,nor should they.!!!!!!!!
I have been on television numerous times on this subject. I know what i did is socially taboo and illegal, yet i am not a threat to children or women.To put me next to a child rapist on this list, is like putting a casual marijuanna smoker ,caught with a bag, in the same arena s a meth lab gangster!!!!!!!.

Partial List of police time waisted on my case:

:Ive been on this list for 11 plus years,ive had 100 plus probation appointments,40 plus home checks,done over 17 police station check ins,police monitoring our home frequently,pulled over (with my wife,both of us in cuffs)11 plus times etc.Stickers on our home on Halloween,lost 6 jobs,various acts of vigilantism etc.

We have had DCFS called on us 3 times by an anonynous neighbor because im on the list and have had numerous threatening calls to our home. Addittionally we have had to call the Crestwood Police and bother them numerous times because of suspicious cars in front of our home, snapping pictures,gawking etc.All this police time for one consensual case ,AND WE ARE MARRIED .!!!!
( We were married by the same judge who gave me the original misdimeanor,who did not consider me a threat!!! He later helped seal our case to "protect this family and the children" )

If the public is wondering why law enforcement cant even stop violent registered offenders from re-offending,the answer is that these predators are like a pin hiding in a haystack.The haystack is thousands of non violent cases like mine, that would be removed immediately if risk assessment was employed.

MEDIA RESPONSIBILITY AND SENSATIONALISM


No media figure has the courage to tell it straight: time to weed out the predators from the registrants who simply broke the law. Then the police can triple their time up on monitoring violent offenders.( Its not the police who make these laws its the congressional and Governor wannabes,who want to appear to look "tough on crime.",yet have no clue of the ramifications of their legislation on families nor care.)

Its always the same pattern, the media likes to cry wolf,get the public excited (for sensationalism)and then the lawmakers legislate an already blotted system ,while the real predators know this and use it in their hunting techniques as camoflague.

our daughter is 4 years old,ironically I am as scared as anyone of true sexual predators. The story of any young child raped is heart breaking ,frightening yet tragically will happen time and time again. No one has the courage to seperate the wheat from the chaff.or the "misguided from the monsters". anonymous

Posted by: kris | Jun 12, 2010 12:27:14 AM

ok, so some of these comments make me feel your pain, but others don't.

for the people with realllly old charges, and no true offenses since, congrats for turning your life around. that is amazing.

unfortunately, that's NOT the norm. I am a victim of molestation myself. I was molested by my uncle for about 5 years on and off. I never said anything, and years later, I found out 22 other members in my family were also victims (that have confessed so far) this doesn't include people who are not in the family/haven't came forward. (His brother was also convinced for molesting his two girls.) by the time i found out about all the other victims, i had moved on with my life, and decided "maybe he changed, no point in ruining his life" (and PS i got HELL for this.. everyone thought i was crazy. but i'm not a vindictive person and i was really hoping he changed)

fast forward...recently, i found out he had two foster kids in his home. i got a bad bad feeling and my instinct told me to call CPS. i did, and guess what. he was molesting those girls as well! they are 6 and 8, and his charges are bout 115 years (his charges include forceable lewd acts and sodomy). i honestly regret never coming forward before... i could have saved those two girls. my heart goes out to them. he has not been convicted yet, but there is so much overwhelming physical evidence, i doubt he will stand a chance in hell. i'm fighting alongside with the girls. finally facing my abuser...and the best part was that i got to tell him WHY i came forward.

fyi, his victims age span is from 6-48 years old. he is 62. that is how long he has suffered this.... illness. thats the best word i can think of.

soooooo moral of the story: if you really did repent, good for you and my heart goes out to the discrimination you face daily. but you have to remember that MOST sex offenders DON'T change...and that's why society has put a brand on you. to be honest, going through what i went through, i wouldn't want to take the chance living next door to you. I'm sure you might be nice people, but i'm not willing to take the 1 in a million chance shot that your the "one that repented". there is no way in HELL i would let my kids (or any kid) go through the torment of being sexually abused, have your innocence taken, feeling dirty, feeling alone, feeling helpless. for years i struggled with this. fortunately, i sought God and was able to come to terms with it...but most people don't,
like my cousins...i have two cousins (brother and sister) who were both victims of my uncle) both hard core addicts living on the streets ... i tried to help my female cousin, and after getting her into 4 rehabs, shes back on the streets and missing. their mother got to face our abuser in court last month, it was a great piece of closure for us all.

and a note to all of you sex offenders who still like to abuse young innocent children....may God save your soul. i pity you. i wish i could say i hope you burn in hell, but i can't. i hope you find salvation. i hope you find God, and i hope you find a way to silence the craving in your mind. Seek the TRUTH, the WORD, our savior, and you will find peace.


Posted by: tatiana | Mar 10, 2011 5:55:29 AM

Thanks Chris that really warms the cockels of my heart. This is Ex post facto, if you know what that means. It is illegal in the USA and all current civilized nations. The only law that supports this miscarrige of justice is 290 P.C.
Thay say it is a matter of record. Bull shit! I had a 1203.4 in 1992 before Magans law and therefore have no record except fot for meagans web site. Mine was a custody dispute and she won with her alleagations, because I had to except a plea deal to get out of hell with no money. I hope your piety restores your soul, as your compassion will not. You are a true Pharisee. One day you may met a women of ill repute that tags you! Lets not hope so.

Posted by: Mack | Mar 16, 2011 2:45:16 AM

Now that the Texas penal code 33.021(b) has been ruled unconstitutional, how does a registered sex offender (like myself) get what's left of their life back?
First arrest ever.
no criminal intent.
no profanity used.
no vulgarity used.
did not solicit a meeting or another conversation.
The ruling was if October of 2013, and I am still going through this nightmare 5 months later.

Posted by: Steven Arnold | Mar 15, 2014 10:35:30 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB