N.H. court sides with sex offender who hired minor
A registered sex offender did not break the law by hiring a 16-year-old boy to work for his landscaping business, the New Hampshire Supreme Court ruled Friday.
Edward Proctor was convicted in 2017 under a law prohibiting certain sex offenders from undertaking employment or volunteer services involving the care, instruction or guidance of children. According to court documents, he hired the teen in February 2016 for snow removal work and again in May 2016, driving him to job sites for weeding, mulching and other landscape work. He was arrested after the boy’s mother typed Proctor’s name into an online sex offender registry database.
Proctor, who is serving a three- to six-year prison sentence, appealed his conviction, arguing that the law prohibits accepting certain types of employment, not providing employment. The high court did not weigh in on that argument but agreed with his second argument that the law, which specifically mentions jobs such as teacher, coach and camp counselor, only prohibits activity that inherently involves children.
The court reversed Proctor’s conviction and sent the case back to the lower court
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My offense was in Virginia. I tried looking my name up on the Virginia registry and I am no longer on it. Here in Florida where I have not had any sexual offense charges I am on the registry. Makes no sense unless you follow the $$$.
So are you just on it or do you also have to register still? If so, what is keeping you from moving back to Virginia where you can live in peace? Just asking. I would be all over that even if I had the walk the entire way.
I still have to register in Florida. I built my retirement home here in Florida when I moved here to help my parents…who have since both passed away. I have good neighbors, friends and plenty of activities. I love it here in Florida. My children and their families have moved to Florida and live just a short drive away. I spent 29 years serving my country and I do not intend to let a bunch of ‘tin-horn’ politicians run me out of my home. My goal with FAC and NARSOL is to change things so that justice and not ‘revenge’ prevails.
I understand, I was just wondering. Like I said, I tried to move away to be treated more fairly but seems most states at the time anyway, were basing the decision on where you came from and not their current law. SO I would have been back to square one AND away from my family so came back to the slum slime state.
Is there a follow-up to this article, which is dated 2/8/2019?
Didn’t realize this was old news. Sorry about that.
First I heard about it so new to me. I have been on here for a long time now and don’t remember it ever being posted here. Old or not I like to be informed of what is going on with us even if it is a little older news if it has not been previously posted on F.A.C site.
Information is power.
It so happens that it does pertain to a current issue in FL, e.g., whether the SOR statute means what it says or whether legislature will need to clarify what they expect of registrants:
https://www.news-journalonline.com/opinion/20200508/donrsquot-let-sex-offenders-hide-from-registration–sheriff-rick-staly?template=ampart
Funny how folks like that sheriff probably thought that considering unpaid fines and costs part of the sentence was a good idea when it pertain to restoration of voting rights. Doesn’t look so good now, does it? So, if the legislature decides to close the “loophole” Wouldn’t retroactive application be considered ex post facto punishment? New and exciting way to avoid registration. Don’t pay your court cost. It’s not going to impact your ability to vote anyway.
If legislature closes loophole, it won’t be considered ex post facto punishment until the court characterizes the registration scheme in general as ex post facto punishment. In Florida, that has not happened yet. The fix, once introduced as a bill to the legislature, will be retroactive.
But I think it would be a good idea for us to watch for the bill’s introduction and follow it through the process. If there is a committee hearing, that might be a good opportunity for people to express how the registry has affected their families.
What is even more odd is, Those of us who had it applied retroactively, who got to decide that those who were not on sanctions at the time got a pass but those of who had been sentenced before the law even existed had to be on it?
If there was going to be a registry at all ( Which none of us support ) then apply it to only those sentence on or after the date the law took place. Instead there are three levels of stupidity.
So if me and a friend were both on probation and he got released from it on Tuesday and I got released from it on Thursday and the law took effect on Wednesday, he doesn’t have to register but I do for life?
Some of these law makers need to get a refresher course on fairness of law. Also do not want anyone to go through what we go through but one of these prosecutors, judges or law makers need to have one of their kids on the registry so maybe they can feel what our families go through on daily basis.
I feel sorry for those who live in a sparsely populated area where everyone knows everyone’s business. If you were on the registry where the judge, the sheriff, the prosecutor are all related, you are screwed.