4th Circuit Strikes Bans on Internet, Legal Pornography For Sex Offender (Federal)
Defendant’s underlying sex offense convictions related to the possession of child pornography. He also admitted to watching adult pornography on the internet. On that basis, the government argued for special conditions of release banning Mr. Ellis from possessing pornography or accessing the internet.
The court ordered two special conditions of probation, “[t]hat he have no Internet access” and “that he shall not possess any legal or illegal pornographic material, nor shall he enter any location where such materials can be accessed, obtained, or viewed, including pictures, photographs, books, writings, drawings, videos, or video games.”
The Defendant’s attorney argued the pornography restriction “would prohibit him from going into libraries, bookstores, and convenience stores.”. And the internet ban would create unnecessary difficulty “in accessing information as well as accessing potential job opportunities.”
The appellate court found no evidence connecting the internet to any criminal conduct. His only federal offense—failing to register as a sex offender—did not involve the internet. The court further found that even though he was convicted of crimes that are often carried out online, those convictions alone do not justify an internet ban under § 3583(d) absent some evidence of his own illegal internet activity.
The 4th Circuit held that district court abused its discretion in imposing an outright ban on internet access and on possessing legal pornography or entering any location where it may be accessed.
https://www.ca4.uscourts.gov/opinions/194159.P.pdf
Discover more from Florida Action Committee
Subscribe to get the latest posts sent to your email.
Cherokee I have to agree with you and some of the others on here in much of this registry ordeal in the Florida area of the registry. Sure Judging another is no good. While I have an uncle and brother in that live in florida and I’m in VA. Much of this is due to the location and state in many of these area’s one might assume. Guess hide the hustler magazines from college days.
Yes Florida is considered vacation area and even college kids can get attracted to porn. One can sometimes understand why a person coming out of prison, on probation or what is restricted with a ban in a sex situation. Now a place like Nebraska it might be a bit different. Myself I never really studied on it that much. Guess its more of a rehibilation thing or something of that nature.
I hardly ever watch TV anymore as I look more at the justice of all things. Even my CJ classes I took in college way back when are a help for me at times. Another thing.. I’m reading my case plea agreement.. I’m a low risk, everything else is unlikely except Substance Abuse when I mentioned taking a sleeping pill once in a while. One can just image how things are so twisted in florida.
Im glad that the United States District of Appeals for the 4th Circuit did it this way because ultimately the viewing of legal adult pornography should be addressed as an addiction issue and not as a criminal prosecution issue as a parole violation or a probation violation. This is neither Condoning nor Justifying the Immorality of Viewing Pornography. Plus legally speaking in regards to accessing legal adult pornography This is neither Condoning nor Justifying the Immorality of Viewing Pornography. This has to do with Freedom Of Speech within the First Amendment of the United States Constitution and access to said material is umbrellad under accessing of media and publications. (Freedom of the Press.) And as a recovering porn addict and sex addict who is not ashamed to admit that I go to Celebrate Recovery and Sex Addicts Anonymous and I work the 12 Steps for my own addiction recovery. The government needs to stop prosecuting addiction and needs to let mental health/social services/12 Step programs to deal with addiction recovery.