Articles
Feds say sex offender registries are
unreliable, inaccurate
Much has been written -- for good reason -- about the
tragic cases of people whose lives have been ruined by
being classified and registered as "sex offenders" for
consensual youthful liaisons with partners just a few
months younger than the law allows. But is this the price
we pay for immunizing ourselves against the real
predators: rapists and adults who stalk actual children? A
it's just that inefficient at tracking actual criminals.
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Rethinking Adam’s Law
Even Adam’’s father, John Walsh, is calling for Congress to
postpone the compliance deadline to give everyone a
chance to work out the problems. And he’’s right. Because
states that fail to comply will lose some of their federal
crime prevention funding —— the very funding that helps
them keep track of the predators that inspired the law in
the first place.
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Have you talked to your
child about teen sexting?
Are underaged kids who send explicit
photos or texts to peers technically
guilty of child pornography?
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Underage "Sexting" Now
Punishable as a Sex Crime in a
Growing Number of
Jurisdictions
As cellular telephone technology
advances at an extremely rapid pace,
more and more teenagers are
possessing phones with the capabilities
to snap still photos or record short
videos. Coupled with the fact that as a
society, children are becoming
acquainted with sex at younger ages,
this technology has led to the practice
of sexting; sending nude photos or
other sexually explicit photos and/or
videos to a recipient via cell phone.
The practice of sexting has led to
numerous ethical and moral
arguments, but the practice amongst
teens has caught the attention of law
enforcement. In many jurisdictions,
these sexually explicit images and
videos, sent amongst teenagers, are
violations of child pornography laws.
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Teens, Nude Photos and the
Law
Ask yourself: should the police be
involved when tipsy teen girls e-mail
their boyfriends naughty Valentine's
Day pictures?
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Instead of Scaring Parents,
How About Giving Them The
REAL Facts?
Or why not tell parents who is today,
it could easily be them or their
teenager. This is the story you should
be reporting.
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The Age of Consent: When
Young Love Is a Sex Crime
Man Labeled a Sex Offender for
Consensual Sex With Girlfriend, Then
15, Now His Wife
[Click here for full article]
Illinois ponders "sexting" trend
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After Prison, Few Places for
Sex Offenders to Live
The crime that placed Mr. Noles, now
31 years old, in Georgia's database of
sex offenders was having sex in
August 1996 with his girlfriend. He
was then 17, while she was 14. Both
later wed. But state law at the time
later wed. But state law at the time
said it was statutory rape for either an
adult or a minor to have sex with
someone under the age of 16. After
the girl became pregnant, a family
member reported the liaison to police.
Mr. Noles pleaded guilty and spent
three months at a prison boot camp.
[Click here for full article]
6 Boys (ages 12-14) in Mass.
May Face 'Sexting' Charges
Could be Required to Register as Sex
Offenders.
A group of boys on Cape Cod have
been caught "sexting" - sending naked
pictures via text message.
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Adults or Kids?
When teenagers break the law, do
they need rehabilitation or
punishment? For several years in the
1990s, state lawmakers decided to
treat young lawbreakers as adults,
sending them to prison with tough
sentences. In recent years, however,
some states are rethinking the wisdom
of such punishment.
[Click here for full article]
Kids Charged for Child Porn
In October 2008, a 15-year-old
Newark, Ohio girl was charged with
felony child pornography charges for
sending nude photographs of herself
to a classmate in a text message.
[Click here for full article]
Lawmakers try to
accommodate consensual
teen sex.
A Senate committee has taken up a
House-passed bill that seeks to
decriminalize sex between consenting
teenagers, so long as they're both at
least 15 and within three years in age.
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Is sending racy 'sexts' flirting,
or is it porn?
Though youth is fleeting, images sent
on a cell phone or posted online may
not be, especially if they're naughty.
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Do young sex offenders
belong on adult register?
He’s a high school senior now at a
Kane County school, making plans to
goto college. By his attorney’s
account, he’s a good kid who made a
grave mistake at 13, ringing the
doorbell of a neighbor’s home and
grabbing the breasts of a 13-year-old
girl living there. He pleaded guilty to
home invasion and sexual abuse, and
registered with the state’s sexual
offender list. As a juvenile, his record
was shielded from the public. But if a
state law enacted last year is upheld,
this 17-year-old’s name and
photograph could soon appear on the
state’s public registry, available to
anyone on the Internet - marking him
as a sexual offender until he’s 24.
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Rethinking the age of sexual
consent.
In Georgia, a 17 year old boy who had
oral sex with a 15 year old girl is
serving a 10 year jail sentence for
aggravated child molestation.
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Stupid kid tricks now
increasingly called sex crimes
It's unfortunate that, in their quest to
crack down on sex offenses,
prosecutors and legislators are going
off on pointless tangents that risk
trivializing them.
Ask the young man who was a
17-year-old Sioux City, Iowa, high
school student last year when he shot
a racy 10-second video of himself and
a girlfriend on his cell phone. At age
18, he texted it to a friend. Evidently
he had his pants down, making visible
his private parts. It was a careless,
immature thing to do -- though maybe
not so surprising in a culture that
seems to prolong adolescence and
encourages everyone to broadcast
their most private thoughts and
actions. But it's doubtful the kid
thought he'd be prosecuted for a sex
crime. Charged, as an adult, with
telephone dissemination of obscene
material to a minor (the friend was
17), he was looking at two years in jail
and 10 years on the sex-offender
registry, if convicted.
teen sex offender law.
The Nevada Supreme Court has
declined to rule on the constitutionality
of a new law stating that teenage sex
offenders can be punished as adults.
The court dismissed the appeal of
Clark County in 21 cases that these
youth, who were 14 years old and
older and had committed sexual acts,
had to register as sex offenders.
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New U.S. law puts teen sex
offenders on Web.
Teen sex offenders would have their
photos posted online under a new
federal law that threatens to undo
reforms state lawmakers pushed
through last session. During a Karen
Johnson, R-Mesa, said it might be
worth opting out of the Adam Walsh
Act and risk losing federal law
enforcement funds.
[Click here for full article]
Law would evict female 'Sex
Offender' for teen sex.
Wendy Whitaker's name may be on
Georgia's sex offender registry, but her
offense suggests she is no predator.
At age 17, while a high school
sophomore, Whitaker had oral sex with
a 15-year-old male classmate. In
1997, she pleaded guilty to sodomy
and got five years' probation.
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Past sins listed,not
explained,in sex registries
Over 15 years ago, as a stupid
20-year-old, he flashed a couple of
minors, and he paid dearly.
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Child Porn Laws Used Against
Kids Who Photograph
Themselves
Privacy advocates say prosecutors are
misusing child pornography laws by
turning them against the very people
they are meant to protect. The
accusation comes following a raft of
recent child pornography cases against
juveniles accused of photographing
themselves in the nude.
[Click here for full article]
Incarcerating Kids will solve
the 'Sexting' Problem Like
Incarcerating Drug Users Has
Created a Drug-Free America!
Banfield wants harsh legal penalties
applied "with zeal" to teenagers who
send each other sexy pictures via cell
phone or internet. Right now, such
teens are already at risk of serious
prison sentences plus a lifetime of
being labeled a child pornographer and
having to register as a sex offender
because no one ever considered that
such laws could apply to their "victims"
if the "victim" takes her own photo
and sends it to her boyfriend or a boy
forwards a sexy pic.
[Click here for full article]
Laws and prosecutors
overreact to some typical teen
behavior
Sexting -- the phenomenon of young
adolescents texting naked or
almost-naked photos of themselves to
their friends -- has become something
of a media sensation. Across the
country, prosecutors have charged, or
threatened to charge, youthful
offenders with various serious felonies,
including production, possession and
distribution of pornography.
[Click here for full article]
Let the punishment fit the
crime
Teenagers choosing to "sext" could be
prosecuted to the extent that they will
have to register as sex offenders if
caught sexting. If one is registered as
a sex offender, the repercussions
extend deep into his or her life. Every
facet, from job situations to living
situations, are affected by the label
"sex offender." Teenagers make
mistakes at early ages and true, some
of them have extreme and life-altering
consequences, but is registering a
teenager as a sex offender a
responsible move? Categorizing a
16-year-old sending a text of her
naked body to her boyfriend with a
40-year-old rapist is unjust. Perhaps
the 16-year-old was wrong for making
such a transmission, but her intentions
could not be considered ill in nature.
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'Sexting' Teens May Face
Child Porn Charges
The father of one of six Massachusetts
teens who may face felony charges for
transmitting a photo of a semi-nude
female classmate on their cell phones
said today he thinks his son is being
treated unfairly.
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Prosecutor sued over
semi-nude teen photos case
PHILADELPHIA - The American Civil
Liberties Union sued a Pennsylvania
prosecutor on Wednesday over his
threats to charge three teenage girls
with child pornography for allowing
themselves to be photographed partly
clothed with cell phone cameras.
[Click here for full article]
Megan's mom urges help for
teen who posted nude pix
The mother of the girl for whom
Megan's Law is named says
prosecutors shouldn't treat teens who
take nude pictures of themselves the
same as they do adults. Maureen
Kanka said a 14-year-old North Jersey
girl facing juvenile complaints for
posting naked photos of herself on
MySpace needs help, not prosecution.
“This shouldn’t fall under Megan’s Law
in any way, shape or form,” Kanka
said. "The only person she exploited
was herself.”
[Click here for full article]
Nude Photos of Teens Can
Ruin Their Lives for Ever
The National Campaign to Prevent
Teen & Unplanned Pregnancy, a
private nonprofit group whose mission
is to protect children, and
CosmoGirl.com, surveyed nearly 1,300
teens about sex and technology. The
result: 1 in 5 teens say they've sexted
even though the majority know it
could be a crime.
Phillip Alpert found out the hard way.
He had just turned 18 when he sent a
naked photo of his 16-year-old
girlfriend, a photo she had taken and
sent him, to dozens of her friends and
family after an argument. The high
school sweethearts had been dating
for almost 2½ years. "It was a stupid
thing I did because I was upset and
tired and it was the middle of the
night and I was an immature kid,"
says Alpert.
Orlando, Florida, police didn't see it
that way. Alpert was arrested and
charged with sending child
pornography, a felony to which he
pleaded no contest but was later
convicted. He was sentenced to five
years probation and required by
Florida law to register as a sex
offender.
"You will find me on the registered sex
offender list next to people who have
raped children, molested kids, things
like that, because I sent child
pornography," says Alpert in disbelief,
explaining, "You think child
pornography, you think 6-year-old,
3-year-old little kids who can't think
for themselves, who are taken
advantage of. That really wasn't the
case."
[Click here for full article]
Many teens display risky
behavior on MySpace
More than half of teenagers mention
risky behaviors such as sex and drugs
on their MySpace accounts, U.S.
researchers said on Monday. "We
found the majority of teenagers who
have a MySpace account are displaying
risky behaviors in a public way that is
accessible to a general audience," said
Dr. Dimitri Christakis of Seattle
Children's Research Institute, whose
studies appear in the journal Archives
of Pediatric & Adolescent Medicine.
[Click here for full article]
Teens convicted of 'sexting'
labeled sex offenders
Two Ohio lawmakers want to make
sure teens accused of "sexting" --
sending sexually-explicit photos of
themselves via cell phones or the
Internet -- are not labeled felons and
sex offenders.
[Click here for full article]
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Washington Joins Iran in
Criminalizing Sex Between
Consenting Adults
You may remember the school sex bill
that set off our unconstitutionality
alarm earlier this year - the one that
criminalizes sex between high school
employees and consenting adult
students. Well, the Senate version
died, but a House version passed both
chambers by a wide margin and was
signed by the Governor on Monday.
The bill - which might as well have
been written on discarded scraps of
the Constitution - would criminalize a
few scenarios, the most notable being
sex between school employees and
students more than five years their
junior. This was in response to the
Division II Court of Appeals
overturning a teacher's conviction for
first-degree sexual misconduct, when
the teacher had had sex with a
consenting 18-year-old student. Now,
under HB 1385, not only would that
scenario result in a felony, but so
would one in which a 26-year-old
high-school landscaper had sex with a
20-year-old student. The landscaper
would now be a sex offender.
[Click here for full article]
Sex-Registry Flaws Stand Out
The case of Phillip Garrido, who allegedly held Jaycee Dugard in his backyard for 18
years despite monthly law-enforcement visits, is forcing California officials to
acknowledge a fundamental problem with the state's sex-offender registry: The list
keeps expanding, while the number of officials who monitor sex offenders has
grown at a much slower rate.
There are now so many people on the registry it's difficult for law enforcement to
effectively track them all, and "it's more helpful for law enforcement to know...who
the highest-risk offenders are," said Janet Neeley, a deputy California attorney
general and member of the state's sex offender board.
A December study of roughly 20,000 registered sex offenders on parole in California
found 9% posed a "high risk" of reoffending, and 29% posed a "moderate-high" to
"high" risk, said Ms. Neeley. But law-enforcement officials and academics say vast
resources are spent monitoring nonviolent offenders rather than keeping closer tabs
on more-dangerous ones.
The growing sex-offender list can dilute the amount of attention on the most
dangerous offenders, said Nora Demleitner, the dean of Hofstra University Law
School who studies sentencing. Some sex offenders "tend to be not dangerous at
all," she said. "You have them register as sex offenders, so when you're law
enforcement, all these people look the same. If you had much more focused
sex-offender laws, maybe they would have been bothered to go into the shack" in
Mr. Garrido's back yard.
Provisions in the federal Adam Walsh Act aim to move monitoring in the opposite
direction, so that it's based solely on an offender's type of conviction, not on a
complex assessment of risk.
That's problematic, said Jill Levenson, an associate professor at Lynn University in
Florida who studies sex-offender registries, since it "overestimates risk for most
people, and underestimates risk for people who pleaded down," or struck plea deals
by admitting to lower-level crimes.
[Click here for full article]
Maybe less is more in sex
offender lists
Perhaps we'd do a better job of
protecting children if we narrowed our
focus and paid more attention to
people like Garrido, people who have a
history of violence, rather than watch a
population that has done nothing
more than look at awful, horrid
pictures. That is not meant to justify
child pornography. But when it comes
to keeping track of sex offenders,
maybe less is more.
[Click here for full article]
Lawmaker to study “sexting” legislation
|
A study planned by an Oklahoma
lawmaker will explore the practice of
“sexting” sexually explicit pictures
and messages over cell phones.
Earlier this year, three Pennsylvania
high school girls who sent seminude
photos and four male students who
received them were all hit with child
pornography charges.
[Click here for article]
Group opposes sex-offender registry for youths
|
Justice Policy Institute recently
reissued a report that details the harm
that public registries have on minors, a
demographic where criminal justice
usually aims for rehabilitation.
[Click here for full article]
FORCED CONDITIONS AND FALSE SECURITY
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Over the past few years, there has been a dramatic increase in the number of states
and municipalities that have enacted sex offender residency restrictions, which are
laws and ordinances created to limit where sex offenders can reside in communities.
Currently, approximately 29 states have enacted laws restricting where sex offenders
can live (Council of State Governments Staff, 2007). In addition, hundreds of cities,
towns, and counties throughout the nation have passed sex offender zoning
ordinances (Levenson, 2007). Most of these residency restriction laws and ordinances
create buffer zones ranging from 1,000 to 2,500 feet around schools, parks, daycare
centers, playgrounds, bus stops, and other places where children typically congregate
(Levenson, 2007).
The purpose of sex offender residency restrictions is two-fold: protect the public,
more specifically children, from sex offenders, and reduce the recidivism rates among
this criminal population. However, research has shown residency restrictions do not
serve their intended purposes and ultimately have adverse effects, both on the
communities that implement them and the sex offenders they are meant to exclude or
prohibit.
[Click here for full report]
What do you do about the 14-year-old
kid who gets caught snapping lewd
images of herself with her cell phone
and sending them to her boyfriend,
ultimately risking a worldwide
audience? Illinois lawmakers are
pondering how to address the issue of
"sexting," or producing, sending or
receiving sexually explicit imagery via
cell phone or the Internet. Some data
suggest that as many as 30 percent of
teens who use cell phones engage in
it. State law has no way to address it,
short of charging the children involved
(including the self-photographer) as
child pornographers, which would
require them to register as sex
offenders.
[Click here for full article]