Eight out-of-state sex offenders now living in New Mexico are suing the Department of Public Safety and various sheriffs over a policy that places them on the State’s registry for life, even when their out-of-state offense only mandated a 10-year registration requirement (sound familiar?)
READ THE COMPLAINT: NM – Out of State
Have the courts in Washington lost their minds?
If a 21-year-old in Florida has sex with a 16-year-old, then he/she is eligible to be placed on the sex offense registry in Florida for life. If the same thing happens in Washington state, it is not a sex crime.
So if these 21-year-olds in Florida, who had sex with their consenting 16-year-old girlfriends, decide to move to Washington, then they will be placed on the registry and suffer all the draconian laws/ordinances that go with it, while now living in a state that does not consider this particular sexual act a crime. These out-of-state residents are being punished for NOT committing a crime in Washington.
There are other states that do not consider this situation a crime, with New York being one of them.
The Justices on the Washington State Supreme Court need to get their heads out of the sand and start ruling with some common sense.
https://www.q13fox.com/news/change-in-legal-ruling-creates-stricter-rules-for-washington-sex-offenders
You’re facts are incorrect. First of all, it is not illegal for a 21-year old to have consensual sexual activity with a 16-year old in Florida. It is illegal for a person 24 years of age or older to do so under Florida Statute sec. 749.05(1). Second of all, a person 24 years of age or older who engages in unlawful sexual activity with a person 16 or 17 years of age is eligible to petition the circuit court for removal of the requirement to register either 20 or 25 years after release, depending on the date of the offense, pursuant to Florida Statute sec. 943.0435, provided that they are not arrested for any misdemeanor or felony offense after release.
I am not expressing agreement or disagreement with any of your opinions. Nor am I expressing any opinion on the relevant Florida statutes. I am only pointing out factual errors in your post.
Apologies @RM,
I must disagree in respect to what you posted above.
The Romeo & Juliet Law applies when the following criteria is met:
The victim is between the ages of 14 and 17.
The victim was no more than four years younger than the offender.
The victim must have been a willing participant in the sexual activity.
The offender does not have any previous sex crimes on their record.
This is applicable in the State of Florida. Anything sexual in nature that is committed by someone who is 18 or over with anyone who is under the age of 18 in Florida is subject to criminal charges. If the crime fits the criteria of the Romeo & Juliet statute, a petition may be made AFTER conviction.
The Romeo and Juliet law in Florida doesn’t create an offense. It only provides a mechanism for relief from registration for certain offenders who committed specific offenses, most often an offense described in F.S. sec. 800.04.
Please refer to Florida Statute Section 794.05(1), regarding Unlawful Sexual Activity with Certain Minors (16/17 years of age):
794.05 Unlawful sexual activity with certain minors.—
(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
It is not an offense in Florida for a 21-year-old to have consensual sexual activity with 16 or 17-year-old.
You’re statement that “Anything sexual in nature that is committed by someone who is 18 or over with anyone who is under the age of 18 in Florida is subject to criminal charges” is just not correct.
Um ok that’s one bs scenario that isnt even very important and the laws aren’t for them. They are for the 5 yr old that got sexually assaulted in one state by a man who goes on to move to another state where he isn’t registered so that he can go about finding his next victim to abuse. It’s common sense. These laws aren’t in place for 21 yr olds and 16 yr olds. They are to PROTECT CHILDREN.
If registration laws are only intended to protect children, they do an awfully poor job of doing so. I worry for any child whose caregiver relies on the registry for their children’s’ safety.
If you agree that 21-year-olds and 16-year-olds should no longer be covered by these laws, you may need to contact your legislator to change them.
Am I missing something here?
after your released from the club and happen to move to another state to reside that states says hey you Was a member of the club at 1 time and now your in our state so you have to register as a new Member?
There’s no mechanism for removal from multiple state registries. Each state has its own criteria for who must register.
so i been off 15yrs i move to a different state possible i have to register if they deside to join me up?
Unexperencedonthis
that is the million dollar question ive been asking !!
“off 15yrs i move to a different state possible i have to register if they deside to join me up?”
seems we paid the price for our crime my case 10yrs and now Im still trapped in this state fear of moving so another state can be forced to join up again,
well Iowa is not to much better. Iowa congressman D fisher
Introduced 2023
90th General Assembly
Bill Summary
A bill for an act modifying sex offender registry requirements by requiring sex offenders whose registration requirements have expired to reregister, and making penalties applicable.
Subject
https://www.billtrack50.com/billdetail/1536560
As I posted at SOSEN on this topic, it seems to me that New Mexico’s law requiring a hearing to determine if registration is required for a new resident is like trying him/her under New Mexico law for a crime committed in another jurisdiction. I’m pretty sure there’s a 10th circuit case that held the registry is punishment, so they theoretically could argue double jeopardy grounds as well as lack of jurisdiction .
A hearing is not punishment. Neither is registration, but hopefully the 10th cir. will soon rule otherwise.
A former offender who views a NM registration hearing as punishment can simply waive the hearing and allow the state to make a determination without them. But apparently that’s the only option the state is providing them anyway, in defiance of the state’s own statute, and that’s why the former offenders are suing.
As I understand it, the hearing would be to determine if the crime committed in the other state would require registration if committed in New Mexico. Simply calling it a hearing doesn’t change that it is the functional equivalent of trying a person for a crime committed elsewhere under NM law and punishing/”regulating” accordingly. Really, the only difference is that the NM court can’t impose another prison sentence.
I also wouldn’t be surprised if NM has another plethora of rules and restrictions for new resident registrants whose crime(s) were committed in other states to discourage them from moving there in the first place, or to make rearrest (if not reconviction) inevitable.
Millard v. Rankin has already held that the registry is punitive, regardless of legislative intent to the contrary, as has several other federal courts. Granted it was only a district court, so it’s not established precedent in the 10th circuit. But last I heard it is pending appeal by the state (Colorado) and near certain to be upheld.
If Millard v Rankin is near certain to be upheld, then that is big news that everyone here needs to know about.
Hi Jacob, you mention “Millard v Rankin” and Also mention “that is big News that everyone here needs to know about.” But you did not provide any information and/or a link to the mention case. thanks.
The case number for Millard v. Rankin is USDC Colorado Civil Action No. 13-cv-02406-RPM. The opinion was issued in 2017, and the Colorado AG announced intent to appeal shortly after. No word since.
Should also point out that the registry was only determined punitive as applied to the petitioners in this particular opinion. Also that the “near certain to be upheld” remark is a personal assessment based on the opinion itself and the rarity of a circuit appeals court overturning one of its districts.
The word is, it’s in the 10th Circuit Court of Appeals. We wrote about it extensively and even provided the link to oral arguments in the case. If you search our site, you should find it.
Re Miller v Rankin, see message just above mine that I was responding to.
*Millard
You guys at FAC should also add this to your “out of state” lawsuit against Floriduh. Not just for people who are visiting but also for people who move to this state and are forced to register even if their registration from their home state ended.
In order to be put on the registry in the first place, you have to be sentenced to the crime. If you serve out your registration obligation and then (in what you THINK is your freedom) you move to another state (in this case Florida), then such state should honor the terms of the state you came from. Otherwise, it IS double jeopardy because you are technically being RESENTENCED to be on the registry.
Florida is violating constitutional law and needs to stop it. Doesn’t matter what the sex offense was and what FL law is regarding such offense. Look at it this way; If you committed armed robbery and the state you live in sentenced you to 5 years (the max for example) and then you moved to another state whose law is a minimum of 10 yrs for armed robbery, is the new state allowed to put you into their prison system (re-sentence you) because of THEIR law regarding such crime? No. So then the issue with the registry should be the same. Please, fight this!
I was put on the registry in Kansas in 1996 . Applied for removal in 2007. And removed. Soon after that moved a few miles away to Missouri they found out I had been on it in Kansas so they required me to get back on the registry in Missouri.
David M what yr you move to misouri?
Experienced
Moved to Missouri 2008
unfortunantally they didnt reove you from your Prior state and data bases they took down your public view….(a state) i was released from tried this on me was off 2006- 2008 went though child costody i won but of course my ex was banging a sherriffs deputy and a flyer came into court Ilegal act to sour the hearings , but again I knew it was still in system told sherriffs dept they have serious lawsuit comming the information disappeared.
Below is just another example of the absurdity that exists from state to state. It’s also apparent that even within a state, there is confusion.
https://www.insider.com/why-jeffrey-epstein-wasnt-on-new-mexico-sex-offender-registry-2019-7
“When Epstein bought his Zorro Ranch in 2010, Florida officials alerted New Mexico law enforcement that the pedophile was moving to the state, according to documents obtained by KOAT.
New Mexico officials initially sent Epstein a letter, telling him he would need to register as a sex offender at the Santa Fe County Sheriff’s Office, and he initially complied.
But just a month later, Epstein was sent another letter, saying he was being taken off the registry due to differences in state laws.
In that time, the New Mexico Department of Public Safety’s sex offender registry unit looked into Epstein’s case in Florida, and determined that it did not meet the New Mexico standard for being included on the registry since the victim that Epstein admitted to abusing was 17 — the age of consent in New Mexico.”
Does anyone know if it is possible to be added to a suit in process? I am in NM and have a misdemeanour conviction in another state that requires lifetime registration. NM similar offense requires only 10 years registration.
Any help is appreciated
Hi TS, If you read the court document till the end where the Attorneys’ sign their name and give bar number It does show attorneys’ office. Perhaps this would be better answer by them and not F.A.C
New Mexico’s requirements look just as onerous as Floriduh’s. Even if the plaintiffs were to win this case, how would it help us poor souls in Floriduh?
Persuasive precedent
Does not affect FL— FL statute lacks any NM-style due process in the first place.
Sounds good.
I wish we could get our Out of State challenge in the Court as well.
this is what ive been sayin after yout 10 yr membership and you off but you visited another state had to join before your off, here is the kicker even though your released in another state but cant get off that state reg.
.IF you get pulled over anywhere and they run a full check on you and that state pops your a member of the club you can and will be arrested for FTR or forced back on for life this is a serious flaw.
i was very lucky was on a 10 yr membership(released July 2006) but moved to a state that is for life before the membership expired I had to give the state that was life, the release letter and since the state is the worst state in the country i figured i was screwed auguest state sent me a release letter i finally got the hell out of that state b4 someasshole reconised what went down and try to put me back on, there was a member who was a 10yr hitch he to went to the same state just for a visit, in 2016 he got his letter to terminate he sent it to the same state and of course denied and the member only had 1 conviction on his record ever
this lawsuit may change it in other states but I seriously doubt it
Lengthy registration should only be preserved for the worst of offenders. All other’s should be able to be removed state wide in a reasonable amount of time.
Of course, but that would depend on logic and reason – neither of which apply to the registry – never did and never will.
The registry is nothing more than a list designed to make a small group the whipping boys for all of society’s problems. A faceless group to abuse and punish forever.
What about those who are innocent and yet end up on the list – if there is no way off how is that fair? It is not and that is clear. To everyone except the fools on the “supreme court.”
Those labelled as sex offenders are easy fruit for lazy law enforcement to bust for technical issue that do not help anyone except lazy law enforcement to appear to be doing something – again – using children as a pawn.
If they wanted to do anything to help protect children target the real threats of drug pushers, drunk drivers (Ron), and others who actually threaten children – not someone who peed in a alley decades ago! What a joke it all is!
This is done by deliberate design and those who continue it are NOT interested in child and simply use children as a pawn in their political game and for their selfish personal gain – right Senator Lauren Book?
Yes – of course! Slavery was once “legal” but that didn’t make it morally right and neither does putting American citizens on a hit list for life with no chance off – expect death – which is likely to come from some vigilante given a map right to their front door!
Will your child be the one who answers that knock at the door?
Since when is slavery not legal? Did you not read the fine print in the 13th amendment? Angola was a plantation in Louisiana where black men picked cotton while a white man on horseback supervised. I know this because I saw a photograph taken in…..2018! Angola is now the largest prison in the USA. The land of the free because 80% of all black men don’t go to prison.
Good For Them – Finally!
I am ready to join any suit of this nature and I am very willing to have my name used in such an action.
I want the sh^tty state of Florida to LET ME GO!
Sounds VERY Familiar !! I’m also in FLORIDA!!! Moved here from Illinois, in 2002, Registration Ended in 2007, But Florida choose to keep me on, saying my Crime in Illinois in similar to the same crime in Florida that requires registration for life! Was just told yesterday by a Lawyer that I have NO Challenge, because they have charged me with a Technical Violation in 2005…. Living in the Driveway of the house I was staying in, is considered an address change and I didn’t notify the Sheriff office in time….That I was Homeless….
I would also LOVE to be notified if there will be a class action Suite!!!! Please!!
Yeah I’ve been on the sex offender registration going on 12 years now all over a lying 18 year old girl’s mother that said her daughter had been sexually abused and when they run a rape kit on her and did all that there they found nothing because nothing had happened to her she came to my house in her own car spend the night with me change close to my house and got up the next morning and Kiss Me by and then told her mother because her mother couldn’t get ahold of her that supposedly when she woke up that her hand was in my pants in my hand was in her pants but that she couldn’t tell him if my Johnson was hard or not and this has been nothing but a lie since day one in the girl finally admitted to several people that nothing happened so yeah Marion County Florida in Ocala that’s what kind of trash in what kind of Injustice bull is here in this place also and now that’s in Florida
This is a big deal. Please keep us informed as my situation is similar removed from one state in 2007 , required to register in another state a year later when they realized I had moved here. The monetary damages not to mention social and economic and emotional damages are extravagant. Can this become a precedent if they are successful?
I( have to ask what state (required to register in another state a year later when they realized I had moved here.)
i do know there is a state that if you had a sex offence REg or not you have to REG i do and would like to know of that state Ive heard it happeniong but never got that state name and its important to other members incase they get off and move to that state
This will address the issue of how even a misdemeanor sex crime gets you on the national registry but once off the registry it’s NOT likewise applied nationally. That’s messed up!
It about time other Register Citizens in different states fight the out of state challege!