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America's unjust sex laws
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bacasper



Joined: 26 Mar 2007

PostPosted: Sun Mar 28, 2010 3:28 am    Post subject: Reply with quote

If a stranger offers to babysit your kids for free, you may wanna think twice about that one. But still, whether it was the ad or for not listing his place of employment, 40 years???

40 years for attempted babysitting

March 24, 2010 9:00 AM
Scott Lawrence

A judge has sentenced a man to 40 years in prison without the possibility of parole for violating rules all convicted sex offenders must follow in Texas.

A Jasper County jury took only 30 minutes Wednesday afternoon to decide the punishment for Thomas Louis Van Hook, 56. The jury convicted him of not complying with sex offender registration. Prosecutors say he didn't list his place of employment as required by law.

Jasper County deputies arrested Van Hook in January of 2009.

They say he posted signs on bulletin boards across Jasper County, offering to babysit girls between 11 months and nine years old. The price was $12 for a weekend of babysitting four children, with the first weekend free of charge.

The sheriff said the ad should have been a red flag to parents.

Public records show that in the 1980's Van Hook served time for child indecency. In the 1990's he went to jail for indecency with a child by sexual contact. In 2001 Van Hook was sentenced for indecent exposure.

this and earlier story at link
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caniff



Joined: 03 Feb 2004
Location: All over the map

PostPosted: Sun Mar 28, 2010 3:55 am    Post subject: Reply with quote

As far as I'm concerned Texas can leave the union any time it's ready.
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bacasper



Joined: 26 Mar 2007

PostPosted: Thu Apr 01, 2010 9:19 pm    Post subject: Reply with quote

Street Magic wrote:
Jeez, it's worse than I thought. Even the official Texas sex offender registry site acknowledges the sex offender label refers to a potpourri of largely unrelated violations, many of which are trivial technicalities:

http://www.dshs.state.tx.us/csot/csot_tfacts.shtm

Quote:
The media�s portrayal of sex offenders has continuously misled the public that all sex offenders are sexually violent predators. Commentators, the media, and even academia use the terms �sex offender� and �sexual predator� in a virtually interchangeable manner (Quinn, 2004).

...

Sex offenders are an extremely heterogeneous mixture and do not fit into a standard profile but fall into numerous categories, from the voyeur, exhibitionist, statutory offender, incest offender, the pedophile, the rapists, the sexual sadist, sexual murderers, to the Sexually Violent Predator (SVP).

Street Magic, I am afraid it is even worserer than you thought you thought! To get on the sex offender registry, your crime does not even have to do with sex!

March 16, 2010

Georgia Supreme Court upholds sex offender registration for non-sex convictions

By Bill Rankin

The Atlanta Journal-Constitution


The Georgia Supreme Court has upheld a provision of the state's sex offender registry law that requires some people who have not committed sex crimes to register as sex offenders.

The law, said to be one of the toughest in the nation, allows the state to keep a tight leash on child molesters, rapists and other sexual predators after they have served their prison time. But it also requires anyone convicted of kidnapping or false imprisonment of a minor to register as a sex offender regardless if a sexual act was committed.

The challenge was brought by Jake Rainer, who committed a drug robbery in Gwinnett County in May 2000. Rainer and his co-defendants picked up a 17-year-old girl who was going to sell them some marijuana. Instead of making a deal, they drove her to a cul-de-sac, took the pot and abandoned her.

Rainer pleaded guilty to robbery and false imprisonment. Because of the latter conviction, he now has had to register as a sex offender. This means he cannot live or work within 1,000 feet of places where children congregate, such as parks, schools and swimming pools.

Writing for a 5-2 majority, Justice Harold Melton rejected arguments that the provision, as applied to Rainer, was cruel and unusual punishment. Sex offender registry laws, Melton wrote, "are regulatory, not punitive, in nature."

continued at link
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Fox



Joined: 04 Mar 2009

PostPosted: Thu Apr 01, 2010 10:01 pm    Post subject: Reply with quote

bacasper wrote:
Writing for a 5-2 majority, Justice Harold Melton rejected arguments that the provision, as applied to Rainer, was cruel and unusual punishment. Sex offender registry laws, Melton wrote, "are regulatory, not punitive, in nature."


This kind of attempt to circumvent the spirit of the law using semantics is just ridiculous. By this logic any punishment could be reclassified as regulation and thus be considered allowable. Oh, we're not punishing you with torture, we're regulating your pain level.
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bacasper



Joined: 26 Mar 2007

PostPosted: Thu Apr 01, 2010 10:16 pm    Post subject: Reply with quote

Fox wrote:
bacasper wrote:
Writing for a 5-2 majority, Justice Harold Melton rejected arguments that the provision, as applied to Rainer, was cruel and unusual punishment. Sex offender registry laws, Melton wrote, "are regulatory, not punitive, in nature."


This kind of attempt to circumvent the spirit of the law using semantics is just ridiculous. By this logic any punishment could be reclassified as regulation and thus be considered allowable. Oh, we're not punishing you with torture, we're regulating your pain level.

You are certainly not alone in this sentiment:
Quote:

The Georgia Supreme Court was asked to rule on the list being cruel and unusual punishment. It certainly is cruel, unfortunately in these less civilized times it is not unusual. Justice Harold Melton rejected the arguments entirely because he said such registries "are regulatory, not punitive, in nature. " ... A proper understanding of the nature of "regulatory" actions shows them to differ little from punitive actions.

Consider an area completely outside the realm of sex offenses. If a businessman uses his premises to sell drugs the government may come in and confiscate his business under Rico laws, thus putting him out of business. In truth they can do this merely by accusing him of a crime, even if they have no evidence he actually did anything illegal. The business is gone, the owner is bankrupt. Now consider the same business getting zoned out of existence, regulated into oblivion instead. What is the difference between punitive actions and regulatory actions if both can inflict the same harm?

In this case much of the harm that is inflicted eternally on these "offenders" is not just government sanctioned, but government mandated. Surely when government arrests people for living in their own home, due to sex offender zoning laws, that is punitive. There is a fine line between regulatory actions and punitive ones and the sex offender laws were intentionally created as punitive measures.
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bacasper



Joined: 26 Mar 2007

PostPosted: Fri Apr 23, 2010 6:41 am    Post subject: Reply with quote

Here is a breath of fresh air. Teens cannot be charged with kiddy porn for photos of themselves! I wouldn't be surprised if the fundies get up in arms over this one.

Constitutional Law
3rd Circuit Bars Child Porn Prosecution of Teen in Sexting Photo


Posted Mar 18, 2010 8:25 AM CDT
By Debra Cassens Weiss




A federal appeals court has upheld an injunction that bars the child pornography prosecution of a teen girl in Pennsylvania who appeared topless in a photo that ended up on high school students� cell phones.

The opinion by the 3rd U.S. Circuit Court of Appeals is the first decision by a federal appeals court involving "sexting," according to the New York Times, the Associated Press, the Legal Intelligencer and the Philadelphia Inquirer. The opinion (PDF) found that the teen and her mother had a likelihood of success on the merits of their First and 14th Amendment claims.

The Philadelphia-based appeals court said there was no evidence the girl was involved in distribution of the photo and no probable cause to bring charges, the Legal Intelligencer story says. As a result, the district attorney�s threat to prosecute unless she attended a class and wrote an essay about her misdeed was compelled speech and a violation of the First Amendment, the court concluded.

The opinion also said the prosecutor had violated the 14th Amendment rights of the girl�s mother when he sought to coerce participation in the class, the Legal Intelligencer reports. The original prosecutor in the case, Wyoming County District Attorney George Skumanick Jr., lost his bid for re-election in November.

"An individual district attorney may not coerce parents into permitting him to impose on their children his ideas of morality and gender roles," the court said.

The panel declined to reach the broader issue of whether sexting photos are free speech protected by the First Amendment, according to the Inquirer. Instead, the ruling was based on the threat of retaliation for the girl�s exercise of her constitutional rights not to attend the training program.

The case began in October 2008 when high school officials in Tunkhannock, Pa., north of Scranton, discovered photos of scantily clad and nude female students on several students� cell phones. Skumanick told parents he would prosecute 13 girls and three boys unless they participated in his class; all but three of the girls agreed to participate. The case became moot for two of the girls�12- or 13-year-olds pictured in training bras at a sleepover�after the district attorney opted not to prosecute them.
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bacasper



Joined: 26 Mar 2007

PostPosted: Mon May 17, 2010 8:15 am    Post subject: Reply with quote

Something is very wrong when I am agreeing with Justices Thomas and Scalia.

Court: Sexually dangerous can be kept in prison

By JESSE J. HOLLAND, Associated Press Writer

WASHINGTON � The Supreme Court ruled Monday that federal officials can indefinitely hold inmates considered "sexually dangerous" after their prison terms are complete.

The high court reversed a lower court decision that said Congress overstepped its authority in allowing indefinite detentions of considered "sexually dangerous."

"The statute is a 'necessary and proper' means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned and to maintain the security of those who are not imprisoned by who may be affected by the federal imprisonment of others," said Justice Stephen Breyer, writing the majority opinion.

President George W. Bush in 2006 signed the Adam Walsh Child Protection and Safety Act, which authorized the civil commitment of sexually dangerous federal inmates.

The act, named after the son of "America's Most Wanted" television host John Walsh, was challenged by four men who served prison terms ranging from three to eight years for possession of child pornography or sexual abuse of a minor. Their confinement was supposed to end more than two years ago, but prison officials said there would be a risk of sexually violent conduct or child molestation if they were released.

A fifth man who also was part of the legal challenge was charged with child sex abuse, but declared incompetent to stand trial.

The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled last year that Congress overstepped its authority when it enacted a law allowing the government to hold indefinitely people who are considered "sexually dangerous."

But "we conclude that the Constitution grants Congress legislative power sufficient to enact" this law, Breyer said.

Justice Clarence Thomas dissented, saying Congress can only pass laws that deal with the federal powers listed in the Constitution.

Nothing in the Constitution "expressly delegates to Congress the power to enact a civil commitment regime for sexually dangerous persons, nor does any other provision in the Constitution vest Congress or the other branches of the federal government with such a power," Thomas said.

Thomas was joined in part on his dissent by Justice Antonin Scalia.

Chief Justice John Roberts last year granted an administration request to block the release of up to 77 inmates at a federal prison in North Carolina. These were people whose prison terms for sex offenses were ending. The justice's order was designed to allow time for the high court to consider the administration's appeal.

The Adam Walsh Child Protection and Safety Act also establishes a national sex offender registry, increases punishments for some federal crimes against children and strengthens child pornography protections. Those provisions are not being challenged.

State laws allowing civil commitments of sex offenders also are unaffected.

The case is U.S. v. Comstock, 08-1224.
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bacasper



Joined: 26 Mar 2007

PostPosted: Thu Jul 22, 2010 10:23 am    Post subject: Reply with quote

Oddly Enough

Shred Your Sex Offender Map

Lenore Skenazy, 06.25.10, 6:00 AM ET

Recently I consulted my local Serial Killer Registry and found out I'm living next door to a guy who killed three lunchroom ladies when they refused to give him seconds on the chili!

Oh please. I'm kidding. There's no registry of murderers out there. There's no armed robber registry either. Not even one for drunk drivers. No, the only easily available registry for all Americans to consult is the Sex Offender Registry.

Because ex-sex offenders are so much scarier than murderers?

No, the reason there's now a sex offender registry in every state--most of these lists dating back only to the 1990s--is that sex offenders have become the focus of intense parental fear. Who could blame us moms and dads, when we hear about kiddie kidnappings 24/7 on the news? The problem is not with nervous parents. The problem is with the registries. Turns out, they're worse than useless.

They are making our kids LESS safe. How? Well, there are three big problems with the registry.

1. The first is that we have not decided, as a country, which crimes we really want to see registered. And so, in five states, a man can end up on the registry for having sex with a prostitute. In 13 states, it is a registerable offense to urinate in public, and in 32 states, it's just as bad to be caught streaking. Yes, streaking. That means that when we look at a little map of our neighborhood and it's covered with red �Sex Offender� dots, there's often no way of telling whether the guy down the block is a child rapist or a jerk wearing a headband (and nothing else), bent on re-living the Carter years.

...

2. These lists waste our cops' time. Police are unable to concentrate on the very worst offenders when they have to keep track of ALL offenders, even the ones who once peed on a tree.

...

After all, maybe one of the reasons Jaycee Duggard was allegedly imprisoned for 18 years by a known sex offender was that an overburdened police force couldn't concentrate on creepy Phillip Garrido and the hut behind his house. They were too busy with the 100,000 other Californians on the registry.

This brings us to the third problem: The list keeps growing.

3. Perhaps the gravest danger posed by the Sex Offender Registry is how very easily your own child could end up on it. Consider the case of Ricky.

Ricky was 16 when he met a girl named Amanda at a teen club. She said she was about his age. They hit it off, started dating and ended up having sex, twice. A while later, Amanda ran away from home. When she thought the better of it, she went to the police. They questioned her and found out about Ricky.

Amanda, as it turns out, was only 13. So when the police tracked down Ricky and he admitted they'd had sex, he was arrested. Though Amanda's parents did not want to press charges, the district attorney did. In the end, Ricky took a plea to avoid jail time. Now he is registered as a sex offender. For life. There are thousands and thousands of teens like him on the list.

It is hard to get anything--an education, housing, job, even a pew in church (because offenders are forbidden to step foot anywhere children congregate)--when you're a registered offender.

complete article at link
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bacasper



Joined: 26 Mar 2007

PostPosted: Wed Jul 28, 2010 11:55 pm    Post subject: Reply with quote

...are trying to spread worldwide!

Going global - House advances International Megan's Law

Published: Wednesday, July 28, 2010

The "International Megan's Law," a bill that would monitor the travel and movement of high-risk sex offenders both here and abroad, was approved by the U.S. House of Representatives yesterday.

As proposed by Smith, the international version of the law would set up a system notifying authorities in both the U.S. and abroad when a registered sex offender was seeking to enter the country.

"We dotted every "i' and crossed every "t' to create a program that will significantly protect children overseas and will help create Megan's Laws all over the world," he said yesterday in an interview.

Within 30 days of their intended travel date, sex offenders would be required to notify law enforcement of their intended travel, "allowing experts in a newly created International Sex Offender Travel Center ... to ascertain whether the individual poses a high risk of sexually exploiting children in the destination country," Smith said yesterday while addressing members of the House.

"If the answer is in the affirmative, our law enforcement would be able to notify officials in that country, who could then either monitor the activities of the sex offender when he enters or prevent him from entering altogether," he said.

Offenders who refuse to comply could face up to 10 years in prison.

Other countries, in turn, would be called on to alert the United States when a registered sex offender was planning on traveling to America.

And the law would create registration guidelines at U.S. embassies for sex offenders who are American citizens living abroad, allowing embassies to contact authorities back in America when sex offenders planned to re-enter the country.

According to data originating from Immigration and Customs Enforcement, "at least 10,000 convicted pedophiles hop on a plane and travel each year," Smith said.

And last month, the Government Accountability Office released a report stating that at least 4,500 U.S. passports were issued to registered sex offenders in fiscal year 2008.

Smith said he's hopeful the legislation will prompt other countries to adopt their own version of Megan's Law.

While the law exists in some form in all 50 states, the international community has been slow to catch on, he said.

The United Kingdom, New Zealand and Canada have all passed their own versions, but while the United States and Canada may share a border, the two countries don't share information regarding sex offenders traveling across that border.

"Child predators thrive on secrecy, a secrecy that allows them to commit heinous crimes against children with impunity and without any meaningful accountability," said Smith.

"Megan's Law -- which its emphasis on notification -- must go global, to protect American children and children worldwide."

Having passed the House, the bill will now head to the Senate.

Contact Erin Duffy at [email protected] or (609) 989-5723.
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bacasper



Joined: 26 Mar 2007

PostPosted: Thu Jul 29, 2010 12:18 am    Post subject: Reply with quote

bacasper wrote:
...are trying to spread worldwide!

Going global - House advances International Megan's Law


Good comment here:

Chris Smith: System notifying authorities in both the U.S. and abroad when a 'registered sex offender' was seeking to enter the country.
"Child predators thrive on secrecy, a secrecy that allows them to commit heinous crimes against children with impunity and without any meaningful accountability," said Smith. "Megan's Law -- which its emphasis on notification -- must go global, to protect American children and children worldwide."

As tax paying NJ CONSTITUENTS: WHAT HAPPENED TO THE TIER SYSTEM IN NJ ? Why are NJ legislators allowed to 'LIE' and name all Megan's 'MURDER' Law registrants 'CHILD PREDATORS'?

I'm asking 'MY' NJ Representatives to get off their soap boxes and follow the law here in NJ, according to NJ Law and protect Americans!
NJ citizens marked 'MURDER' Law registrants pay taxes, too!
Represent your constituents according to the LAW, NOW!

Our Government Representatives, told you and me, Megan's law is America's way! Their best possible way of protecting our children from suffering the same fate of Megan Kanka, murdered in NJ by psycho killer! Guided by Maureen Kanka MY legislators invented the idea that American laws for murder = harsh life altering consequences for all sex related offenses; sexual misbehavior, sexual abuse and inappropriate touching; nudity, sexting, underage sexual encounters, childhood incest, etc. etc. All labeled "Predators" under Megan's 'Murder' Law by legislators! NOT any court! All banned from My Space, Facebook, any social sites, parks, pools and schools, even their own homes! Every state, judges them, hates them, banishes them!

Not just forced to the back of the bus but, forced from the entire community; forced out of civil society! Unemployed, homeless, disable and targeted. Who should care, right? Beware NJ, takes everybody prisoner, The Tier system is a lie! Ask, Chris Smith!

Google for yourself:

* Wendy Whitaker was 17, for life is banned from her home in Georgia, Now, in jail for going home!
* Brandon is serving 60 yrs in Texas, www.freebrandon.org
* Justin Fawcett, NJ suicide, Megan's 'VICTIM'
* Dale Wayne Ellis: Marked at 14, Bludgeoned to death at 20
* NJ: This Galloway student at Richard Stockton College of New Jersey who was found delinquent at 15, "Sexual contact" = banned from college dorm, predator in the name of Megan's murder? Supreme Court stopped residency restriction in NJ, But still a young man, registered, banned from parks, My Space and Miami beach??? A NJ "predator"?

Politicians still out for blood, Assemblywoman Amy Handlin, a sponsor of Bill 624, listen to http://www.njleg.state.nj.us/media/archive_audio2.asp?KEY=AJU&SESSION=2008. I found her words very disturbing!
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bacasper



Joined: 26 Mar 2007

PostPosted: Thu Jul 29, 2010 12:22 am    Post subject: Reply with quote

He continues:

* Meet US sex offenders: Criminalizing Child's Play, http://www.solresearch.org/~SOLR/rprt/JSOs.htm#Sct_1_gallery
* personal stories: US children named predators'? Ethical Treatment For All Youths: http://www.ethicaltreatment.org/stories.htm
* http://www.rickyslife.com/
* Matthew Freeman: http://www.annarbor.com/news/a-young-man-struggles-with-the-sex-offender-label/
* 20/20 John Stossel: The Age of Consent: When Young Love Is a Sex Crime - ABC News
* In the Matter of T.T., NJ, at 12 played with a douche found in bathroom with 6 year old brother. A Megan's Law registrant ripped from his home, punished, labeled and registered?
* William Elliott, Maine at 24 shot DEAD, loving relationship, boy 19, a girl 15 ends in murder, because of Megan's "murder" law?

* Inmate, 17, hangs himself at Rikers
BY JOTHAM SEDERSTROM
DAILY NEWS STAFF WRITER
Sunday, January 6th 2008, 4:00 AM

A Mount Vernon teen hanged himself at Rikers Island after the jail failed to follow a Queens judge's order to place the inmate under suicide watch, lawyers charged Saturday.
David Mercado, 17, was supposed to be placed under round-the-clock protection after a Dec. 17 arrest in Queens on statutory rape charges that said he had sex with a 14-year-old girl. But within 24 hours he hanged himself, attorneys for Mercado's family said.


All American citizens are supposed to have civil rights, constitutional, legal and human rights. No man can be forced to the back of the bus, No criminal should suffer penalty for another man's crime. A citizen is free from their obligations, when their debt to society has been satisfied. Every man deserves a second chance but, in America, if a boy touches a breast, falls in love with someone younger or makes a one time mistake of immature judgment that has any element of being sexual in nature, OUR representatives, demand that once free he must register under their Megan's MURDER Law and is titled a predator, based on a murder, he didn't commit? All laws of justice, rights of liberty, life and any future happiness, any chance of rehabilitation or redemption is removed by the powerful leaders governing this country. A marked man with no right to object, defend or protect himself or his family members from being judged, persecuted and attacked by his own government, vigilantes in society and the thousands of tax exempt anti-sex offender organizations greatly profiting by these man-made, Hate Laws and Hit lists! As they all continue lobbying for their unjust laws, it's the American people who pay the price and kiss their HARD earned taxes, and all our rights, goodbye!
That's our LAW!

When is NJ going to protect our rights according to OUR Laws? I'm 'NOT' just talking about sex offenders.

Good sentiments, if a horrible writing style. I volunteer to teach this guy the correct use of exclamation points, as well as style improvements.
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bacasper



Joined: 26 Mar 2007

PostPosted: Fri Jul 30, 2010 9:55 am    Post subject: Reply with quote

Never mind traveling internationally. This guy was staying within the states!

30 years minimum? For a victim who didn't even exist? Why are cops creating crimes like this? The world is so crime-free they do it out of boredom? He'd have gotten less time if he committed a real rape. Mad

Yet another boogeyman thought crime! Sad

Why weren't the officers busted for showing sexually explicit photos to the imaginary 11-year-old?


30-to-life for traveling to have sex with imaginary victim

PENSACOLA, FLORIDA - A federal jury yesterday found Douglas E. Leightey (59) of Carey, Ohio, guilty of traveling to Pensacola, Florida to engage in a sexual act with a minor, announced United States Attorney Pamela C. Marsh, Northern District of Florida.

Evidence presented at the two-day jury trial in Pensacola established that between December 3, 2009 and April 22, 2010, Leightey engaged in internet chats with undercover officers posing as the parents of an 11-year-old girl. Over the course of more than 26 chats, Leightey made plans with the undercover officers to travel to Pensacola for the purpose of having sex with the fictitious 11-year-old. As part of his efforts to induce the �child� to have sex with him, on April 12, 2010, Leightey sent the undercover agents images of himself engaged in sexually explicit conduct, with the understanding that these would be shown to the �child.� On April 22, 2010, Leightey traveled to Pensacola, where he met the undercover agents at a local restaurant. On his arrival, Leightey told the agents that he was worried he might be walking into an episode of �To Catch A Predator,� and expressed relief that this was not the case. The agents identified themselves as law enforcement and placed Leightey under arrest.

In addition to the travel charges, Leightey was also convicted of use of a computer to entice a minor to engage in sexual activity, and attempt to transfer obscene material to a minor.

The defendant faces a minimum sentence of 30 years up to a maximum of life in prison in addition to statutory fines and the possibility of a lifetime period of supervised release following the completion of any prison sentence. Sentencing is set October 12, 2010, before Senior United States District Judge Lacey Collier.

The case was prosecuted by Assistant U.S. Attorneys Lorena Vollrath-Bueno and Tiffany Eggers. It was investigated by U.S. Immigration and Customs Enforcement (ICE), Pensacola Police Department, and the North Florida Internet Crimes Against Children Task Force.

This case was a brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys� offices and the Criminal Division�s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.

For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

*************************************************

The reason the "epidemic" is growing is because of this boondoggle to all these agencies to create these crimes. It took THREE agencies to invent this fiction. I guess that is why the sentence had to be so harsh. They had a lot invested in it. This has got to be one of the WORST uses of my taxes. Outfuckingrageous.
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El Exigente



Joined: 10 Sep 2010

PostPosted: Thu Sep 16, 2010 7:59 am    Post subject: Reply with quote

bacasper wrote:
Here is a breath of fresh air. Teens cannot be charged with kiddy porn for photos of themselves! I wouldn't be surprised if the fundies get up in arms over this one.

Constitutional Law
3rd Circuit Bars Child Porn Prosecution of Teen in Sexting Photo


Posted Mar 18, 2010 8:25 AM CDT
By Debra Cassens Weiss




A federal appeals court has upheld an injunction that bars the child pornography prosecution of a teen girl in Pennsylvania who appeared topless in a photo that ended up on high school students� cell phones.

The opinion by the 3rd U.S. Circuit Court of Appeals is the first decision by a federal appeals court involving "sexting," according to the New York Times, the Associated Press, the Legal Intelligencer and the Philadelphia Inquirer. The opinion (PDF) found that the teen and her mother had a likelihood of success on the merits of their First and 14th Amendment claims.

The Philadelphia-based appeals court said there was no evidence the girl was involved in distribution of the photo and no probable cause to bring charges, the Legal Intelligencer story says. As a result, the district attorney�s threat to prosecute unless she attended a class and wrote an essay about her misdeed was compelled speech and a violation of the First Amendment, the court concluded.

The opinion also said the prosecutor had violated the 14th Amendment rights of the girl�s mother when he sought to coerce participation in the class, the Legal Intelligencer reports. The original prosecutor in the case, Wyoming County District Attorney George Skumanick Jr., lost his bid for re-election in November.

"An individual district attorney may not coerce parents into permitting him to impose on their children his ideas of morality and gender roles," the court said.

The panel declined to reach the broader issue of whether sexting photos are free speech protected by the First Amendment, according to the Inquirer. Instead, the ruling was based on the threat of retaliation for the girl�s exercise of her constitutional rights not to attend the training program.

The case began in October 2008 when high school officials in Tunkhannock, Pa., north of Scranton, discovered photos of scantily clad and nude female students on several students� cell phones. Skumanick told parents he would prosecute 13 girls and three boys unless they participated in his class; all but three of the girls agreed to participate. The case became moot for two of the girls�12- or 13-year-olds pictured in training bras at a sleepover�after the district attorney opted not to prosecute them.

If the 3rd Circuit bars such a prosecution, yet another allows it, shouldn't the case end up ultimately in the Supreme Court?

State to pursue child porn case against teen accused of sexting

Quote:
The state attorney's office is pushing ahead with a charge against a Cape Coral teenager who was arrested after allegedly sexting, or sending nude photos of herself.

Authorities say they found pornographic images of her on her phone, computer and MySpace page, reports said. Paige Wellman was arrested Aug. 5.

Wellman and her mother, Stacey, appeared before Judge Bruce Kyle on Tuesday in juvenile court in Fort Myers.

Paige Wellman entered a not guilty plea.

The state is charging Wellman with a count of possession of child pornography, said Samantha Syoen, state attorney's office spokeswoman.

Evidence showed this was an appropriate charge because she didn't have photos of other children, Syoen said.

"She wasn't promoting anyone other than having photos of herself," she said.

Earlier this month, the state attorney's office declined to pursue charges in the case of a 14-year-old North Fort Myers girl arrested on similar charges after evidence showed she was a victim of a crime.
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sirius black



Joined: 04 Jun 2010

PostPosted: Mon Sep 20, 2010 4:50 pm    Post subject: Reply with quote

One of the major problems with these sex laws in the U.S. is that its state by state. They are all different. One will notice that a lot of the more onerous ones are within the 'Bible Belt' where sex is 'dirty' by definition to a lot of the bible thumping folks. The laws, for the most part, reflect the cutlure of that state. A few of these states (Georgia was one) until recently had laws against homosexuality between consenting adults still on the books. These states also had 'miscegeny' laws that made sex between blacks and whites illegal and often didn't recognize the children of such unions. Again, it reflects the culture. Just like it does in Saudi Arabia where a married woman can be convicted for merely being in the same car with a man other than her husband and a non family member.
So, I'm afraid that some of these laws and some of these convictions will continue in these states.

My view on sex crimes is that its case by case. An 18 y.o. HS senior with a fresman girlfriend who is 16 can be labled a sex offender for life. That person's job prospects have been reduced to amost nihil.

I also want to address the american prison system. Frankly, I think most state prisons are worthy of being brought up by Amnesty International for violations of human rights. Many of us have no problem seeing some true peodophile, rapists, serial killer, the complete dregs of society being raped and beaten brutally in prison. I understand that. I don't agree. One should be able to serve their time without personal harm. The problem is the guy who is in prison for a non violent act. Writing bad checks. DUI. Personal stash of pot beyond the legal limit. Even suspended license violations in some states. An otherwise middle class individual is placed in a brutal system where they are repeatedly raped and brutalized. Is that fair? Is it unfair to ask that one serve their time without having to be raped? Its known that some newbie is going to be raped. The average american state prison as well as a lot of the federal pens are worse than any stay in a Thai or Cambodia prison. I've known people who have been in both. Trust me.

What some of these advocates of throwing the book at any and all cases of sex violations is that in all liklihood they and someone they care about have had a similar violation technically. In HS or whatever.
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caniff



Joined: 03 Feb 2004
Location: All over the map

PostPosted: Wed Sep 22, 2010 8:46 am    Post subject: Reply with quote

Quote:
Alleged Walmart Masturbator Assured Cops, �I Swear I�m Not A Pervert.�


http://www.thesmokinggun.com/buster/walmart/noted-alleged-walmart-masturbator-assured-cops-%E2%80%9Ci-swear-i%E2%80%99m-not-pervert%E2%80%9D

Well, maybe you're not a pervert but you definitely aren't what I would call "normal", either. There's a time and a place for everything, buddy, and punching the clown in the toy aisle at Walmart's probably isn't such a great idea.
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