Ruling allows Tampa man to avoid sex offender registration until he pays $10K fine
The case could upend part of Florida’s sex offender laws, officials say.
A Tampa man who spent 12 years in prison for molesting two young girls at a community pool does not have to register as a sexual offender until he pays a $10,000 fine, two Florida courts have ruled.
A judge in the Hillsborough Circuit Court and a panel of three judges in Florida’s 2nd District Court of Appeal in April said Ray La Vel James has not been released from the sanctions imposed in 2004, and he does not fit the definition of a sexual offender until the fine is paid, according to court records. James was released from prison in 2016 and is listed as a transient in Tampa, records show, but he has not paid the $10,000 fine.
“This would shake up laws across Florida,” Warren said. “It’s a very rigid interpretation of the statute.”
Last week, Florida Attorney General Ashley Moody asked the 16 judges on Florida’s 2nd District Court of Appeal to rehear the case. The April ruling “raises a question of great public importance” for victims of sexual assault, Moody said in a motion for a hearing. The outcome could “have significant practical implications for thousands — and perhaps tens of thousands — of sexual offenders” in Florida, Moody wrote.
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Interesting. I did not receive any prison time and Irecall being on the registry when I was on probation. Was I wrong? In hindsight, how do I known that I wasn’t on the registry until I was done with what they were calling sanctions at that time, I would’ve left the state The minute the judge early terminated my probation. I had the money back then
Capt
If you are off the Virginia registry you shouldn’t be on Florida’s. You’ve paid your debt that was handed out by the commonwealth of Virginia. My gosh the stupidity of Florida lawmakers; DAs; and law enforcement is truly disgusting. Florida’s attorney general has the right last name moody she sounds like she has PMS 24/7/365 a year.
Someone please fight it using the no vote sanction. Shoot this would be me off probation for dumb ass Registraion violation and get me the hell out of Florida.
Is there ANY doubt that legislature will fix this next session? What would you say to your legislator?
Do we think this will present an opportunity for people to deliver public testimony regarding the registry law more generally?
Even if they do take it up in next session and change it, could it not be challenged on the basis of ex post facto.
Also how is it this guy is smarter than other high paid attorneys in challenging the wording of these idiot laws?
I would say that such a change already IS being challenged on ex post facto basis (Does v Swearingen), but the challenge will take several years before we know the final outcome.
Not necessarily.
Seems to me that if the legislators try to fix this, then any new law will be ex post facto.
Here’s my thought…
UNQUESTIONABLY the legislature will pass something to address this. Unless we’re successful in the Ex Post Facto plus case, the registry has not been deemed punitive in order to even touch Ex Post Facto.
My offense was in Virginia. I am no longer on the Virginia registry. Yet, in Florida where I have had zero offenses, I am on the Florida registry. It makes no sense unless one considers $$$ for Florida and if that’s the case then it’s a pretty sleazy way to make money and treat law abiding citizens.
Yeah and from what I hear Florida is 1 of 2 states when someone googles your name pops right up page 1. I think the best thing todo is move back to Florida for 1 week move to another state 1 week then back to VA so at least your current address isn’t listed lol. That’s what I’m doing when I move.
Freddy, thanks for your reply but I am a ‘hard nose vet’ who spent 29 years in service to my country and I am not about to let some ‘snotty nose, two bit’ politicians run me out of my retirement home. I love my neighborhood, get along great with my neighbors, and my kids live nearby. Florida is going to have to learn to adjust to me.
It would take the rest of my natural life to pay that $10,000 fine.