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July 10, 2008

Florida Supreme Court says sex offenders on probation can have sexually explicit material

This Miami Herald article, provocatively headlined "Florida high court: Sex offenders can have porn," reports on this notable (and lengthy) ruling today from the Florida Supreme Court.  Here are the details from the newspaper report:

The Florida Supreme Court on Thursday ruled that sex offenders on probation can possess pornography so long as it does not relate to the offender's "particular deviant behavior pattern."  The 5-2 decision overturns a 2006 Third District Court of Appeal ruling on a Miami case in which that court said offenders cannot possess any sexually explicit material.

In the Miami case at issue, Donald Kasischke pleaded guilty in 2001 to three counts each of lewd or lascivious battery and exhibition on a 15-year-old boy. He was sentenced to a year in prison followed by two years of community control and eight years of probation.  A search of Kasischke's home after his release turned up pornographic photos and a videotape. He was hauled back to prison, which the Third DCA ruled was appropriate.

But the Supreme Court justices read the wording of the law, which included the phrase about relevance to an offender's deviant behavior pattern, and they decided Kasischke should not have been reincarcerated.

So, in Florida even sex offenders can have their porn, but even after Heller there are doubts about any felon ever being able to have a gun.  I wonder if there needs to be a special rule about gun porn for deviant felons.

July 10, 2008 at 09:11 PM | Permalink

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Comments

Surely if the choice is between allowing sex offenders to "get it out of their systems" by looking at porn or going out and raping someone, the latter is more socially acceptable.

Posted by: bruce | Jul 10, 2008 11:03:27 PM

But don't you know that if you let sex offenders have pr0n, they will rape children? I base this on common sense, not any studies or analysis, therefore, it is true.

Posted by: Scotus | Jul 10, 2008 11:34:58 PM

Scotus, But, Don't you know that YOU could be brainwashed. Without the facts your common sense could be distorted. Not all citizens that have been labeled a, so called "sex offender" had anything to do with raping a child or have an interest in porn. I know this from studies, statistic, analysis and FACTS. You never know, YOU could be a closet "sex offender." Have you ever had sex with someone under the influence, pissed outside, had a teenage romance under 18, perhaps in Florida, Texas or Michigan, played doctor as a child, mooned or streaked, swatted a friend on the butt, surprised someone with an unwanted kiss or hug. There is NO common sense when it comes to "sex offender laws." EVERYONE must learn the FACTS and be on guard. The sex offender registry is growing rapidly. The following site, Ethical Treatment for All Youth, has links to very informative sites that will bring you up to date. Dare to know the truth! Your common sense will definitely get a tune up.

Ethical Treatment for All Youth
http://www.ethicaltreatment.org/organizations.htm
ORGANIZATIONS AND LINKS

Changing the Law
The girl was 15. They chatted for 18 months+ and he never knew where she lived, never met her in person, he never touched her; but for saying the wrong thing online, he was sentenced to three years hard labor and then must register as a sex offender for twenty-five years. My son has gone from a hard working, tax paying citizen to a burden on society because he said the wrong thing online.


Citizens for Second Chances
CSC provides an emotional support system for families of those charged with sex crimes, especially juveniles. It works for Michigan laws that accurately reflect offenses and circumstances, and educates the public on the issues and consequences of Michigan's sex laws.

Dr. Dennis Jacobs' Juvenile Sex Offender Blog
Adolescent sex offenders are the new pariahs in American society. How did we go from sex offenders as rapists and child molesters to children (particularly young boys) who touch others inappropriately and end up on a sex offender list for the rest of their lives?

Families and Children Exploited Sexually
FACES was formed by Indiana families who have had children arrested for sexual behavior and placed in abusive treatment programs. FACES helps parents band together and share information about their children's treatment in order to bring it to the attention of the public. For more information, contact Janet Boeldt at 317-241-2346.


HEAL Online
This organization documents abusive practices committed by residential treatment facilities, behavior modification programs, reform schools, religious boarding schools, and other psychiatric care facilities.

Legal Issues & Court Cases Affecting Juvenile Sex Offenders
This site links to articles concerning legal issues that affect juvenile sex offenders in prisons and juvenile facilities.


My 5th
A non-profit organization devoted to informing people under 21 about the laws that affect them, through the use of music and video. It covers both criminal and civil law issues, and features information about sex laws that can land teens in prison with lengthy sentences and place them on sex offender registries for consensual sex.


National Center for Reason and Justice
The NCRJ educates the public about false accusations of sexual abuse and provides financial and legal assistance to the falsely accused and wrongfully convicted.


Operation Awareness
Letters from real life children who have been swept up in the sex offender net. Is this the best and only way to stop underage sex by forever destroying once promising young lives?

ReformSexOffenderLaws.org
As part of the effort to support the happiness, well-being and freedom of children to be themselves, we are committed to protect society and its children from the dangers of sexual harm. We believe many aspects of the current approach to sex offenders seriously undermine justice and make our society less compatible with the welfare of young people.

Roar 4 Freedom
Roar 4 Freedom strives to educate the public about sex offender recidivism, registration, monitoring, and community notification.

Save our TexSONS
Save our TexSONS advocates for changes in Texas laws so that teenagers accused of sex crimes are allowed to offer a defense, and works for the elimination of lifetime sex offender registration in the case of consensual teenage sex.

Sex Crimes
A blog devoted to the criminal laws regulating and punishing sex offenders. Includes information regarding both adult and juvenile sex offenders.

Sex Offender Issues
Contains a blog about children 18 years of age and under being charged with sex crimes and labeled sexual offenders.

SO Clear Media
Using public education, promoting treatment, and challenging the news media to bring truth and fact to the public to affect positive and productive change in the lives of registered sex offenders and their families, and to protect the citizens of our nation, especially our children.


SOHopeful
SOhopeful strives to change the way Megan's Law and similar legislation mandates the registration, tracking, and community notification of non-violent, low risk sex offenders.


Posted by: Land of the Free? | Jul 11, 2008 7:29:39 AM

Thank you for that long cut and paste in response to an obvious parody.

Posted by: S.cotus | Jul 11, 2008 8:11:27 AM

Supreme Court Opinion Online:

We have placed the complete opinion online in a convenient form (not PDF). Each page as its own URL for referencing. Loading is very fast. Here it is:
http://publicservice.evendon.com/cgi-bin/HandOff-1_0.cgi?FLSC07-128_Kasischke_v_FL+FLSC07-128_Kasischke_v_FL+0001

Don

Posted by: Don Krieger | Jul 16, 2008 12:36:08 AM

Pornography that is not relevant to a persons crimminal deviance may not always promote healthy sexual inclinations, so I suppose they could say that any depictions of illegal sex acts such as simulated rape of adults or sadism might be limited. That leaves only the garden variety porn which can only help to develope acceptable sexuality. Pulling back the skins to adult hetero-sexual porn is perfectly normal and it would be stupied to deny such a person the ability to fill his head with such images leaving him with only the images of his past deviance to get his nut.

Posted by: tomebaden | Feb 10, 2009 12:48:29 PM

who the hell is Don Krieger? I didnt post under that name?

Posted by: tomebaden | Feb 10, 2009 12:49:51 PM

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