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December 31, 2009

Federal district judge enjoins part of new Nebraska sex offender law

As detailed in this local article, Sentencing Hall of Famer Judge Richard Kopf has issued a notable preliminary ruling concerning Nebraska's new sex offender law.  Here are the basics:

A federal judge has blocked portions of Nebraska's new sex offender registry law, but is allowing the bulk of it to take effect, as scheduled, Friday. In a ruling issued Wednesday, Judge Richard Kopf said lawmakers have mostly done what Congress wanted in revising the law.

Kopf is restricting enforcement of a provision that prohibits sex offenders from using social networking sites used by children. Affected as well is a requirement that sex offenders agree to searches of their computers. Convicted sex offenders who've completed their sentences and aren't on parole, probation or court-ordered supervision won't be subject to those two provisions.

The full ruling by Judge Kopf can be downlaoded below, and here is how it gets starts:

Plaintiffs attack amendments to Nebraska’s Sex Offender Registration Act that become effective January 1, 2010. With exceptions noted below, I decide that a preliminary injunction is unwarranted. By and large, Nebraska has only done what Congress (and the Attorney General of the United States pursuant to a delegation from Congress) permitted or required.

The exceptions: In the interim, Nebraska will not be allowed to enforce the following statutes against persons who have been convicted of sex offenses but who have completed their criminal sentences and who are not on probation, parole, or court-ordered supervision, to wit:

(1) Neb. Rev. Stat. § 29-4006(2) (West, Operative January 1, 2010) (requiring consent to search and installation of monitoring hardware and software) and

(2) Neb. Rev. Stat. § 28-322.05 (West, Operative January 1, 2010) (making it a crime to use Internet social networking sites accessible by minors by a person required to register under the Sex Offender Registration Act).

Download Kopf ruling on Nebraska sex offender law

December 31, 2009 at 11:20 AM | Permalink

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Comments

This whole think like MOST sex offenders laws passed in the last 10 years is ILLEGAL and TREASON from our lawmakers!

as for the stupidty that it will now only apply to those on Parole/probation sorry but last time i looked Probation/Parole could ALREADY set those conditions...so why a NEW law?

Posted by: rodsmith3510 | Jan 2, 2010 10:29:26 PM

How is this case now about sex offender laws and restrictions? I am on that registry, and I have a court date in a few weeks for failing to register. I went to notify the sheriff's office that I knew the law did not apply to me, and that I therefore had no obligation to register. He literally forced me, my wife, and a witness off the property, and told me I was going to be arrested. 2 days went by during that night sure enough the deputies came to arrest me, but they refused to show me the warrant.

I went to one hearing already and demanded a jury trial, and any info would be helpful. I still don't see where their corporate "code of law" can superceed a federal court order someone who is "non resident".

looked up that word (and many more in Black's law) and discovered that "non resident" is different than "resident". As-king what is this? Study to show thyself approved...

Posted by: Michael | Jul 11, 2011 4:10:56 PM

I am a RSO. and have been in compliance with all of the insane laws and requirements for SOs here in Ill. It seems like there is enough laws and regulations on the books already. There are no provisions in the law to be removed from the registry for someone on it for life, which seems to me to be unconstitutional. It is like an automatic conviction for life just because of legislation that is dated and implemented by our government (states & federal). I was not taken back to court for this lifetime conviction and punishment. There is no balance to what is being done by these laws. There is less time given to convicted murderers on average than what these new pre-determined laws that are always being purposed. I am alarmed by the total disregard of the constitution when these people think this #$#%^^&%&^*%^ up. They are what I would call reactionaries without any research or thought about how any of these proposed laws affect other people. It is a sad state that our country is in with our leaders not at least pretending to follow the constitution when they think these laws up and deny more than one citizen their constitutional rights. Muderers get the chance to be reviewed by a parole board if they were not sentenced to life without parole. SOs are automatically sentenced to life with no regard to the constitution, or even humane treatment. I did my time, but I am still doing time! I might not be behind the wall, but all of the laws have imprisoned me socially, economically, and restrictions physically. I also served in the USAF for 6 years and have an honorable discharge. I am proud to be an american, but I am disappointed in our goverenment leaders that are supposed to be for all people in this United States.

Posted by: william owens | Jun 6, 2012 11:09:30 PM

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