Santa Sex Offender Arrested for Failure to Register Santa Business
The headline from this story on WFLA reads, “Sex offender Santa seeking Christmas party employment arrested”, but the headline doesn’t tell anything close to the story. The person required to register, in this case, had committed his offense in 1993 (25 years ago) and was no longer on probation. As such, there’s no prohibition in the Florida Statutes on his being employed as a Santa.
What the police set up the elaborate sting operation for (as detailed in his arrest report) was to arrest him for not registering his self employment.
Granted, freelancing as a Santa is probably not the best way for someone on the registry to earn a few dollars during the holidays, but there was nothing inherently illegal about it. The lesson learned was to make sure your “i”s are dotted and your “t”s crossed because any petty violation can land you back in prison after a quarter century!
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So is there any update to this story? Does anyone know what happened to this man?
His case is still active and he is out on bond. He was arrested in late November and these cases can take a while to make their way through the system.
@Dustin,
In reply to your questions
“Does Florida seriously expect registrants to register oneself as a self-employed odd job laborer? Isn’t that synonymous with unemployed? ”
The answers are Yes and No respectively. As an RSO, when I couldn’t find a suitable job, I found work. The FL DOC told me I needed a business license (I was on probation at the time) and to inform each and every person I worked for about my conviction. Additionally, I was required to report my annual income on my Tax Records each year to my P.O.
While I didn’t make a fortune, I did make a living as a handyman (odd jobs). I told over 100 people about my conviction and was never turned away. Granted, some never called me for work but none ever turned me away.
Being self-employed is a legitimate occupation for an RSO. The state simply wants you to do it the right way. Once I get off of probation, I won’t be required to tell people about my conviction. And my taxes each year will be done in accordance with tax law; the same law that affects everyone that earns an income.
I can’t speak for the people holding up signs.
Respectfully,
How can it be in This Country established on freedom can make citizens off probation report. The beginning of total big brother control, Nazi rule.
Total dicrimination, unconstitutional, De Ex facto punishment. Frankly I’m sick an blank mother blank tired of it. To point not gonna take it anymore blank blank MORE
https://www.azfamily.com/news/former-mcso-deputy-sheriff-arrested-on-child-molestation-charges/article_4e0af7f6-f41b-11e8-8757-8b672c6a566f.html hmmm maybe the laws be different now since a lot of cops or ex cops getting caught It hitting them in their own back yard
First of all, this person’s choice to dress up as Santa was probably not the smartest thing to do. That being said is there a law against what he did? I have been on the registry for over 20 years and for the past 4 of those I’ve been “self-employed”. When I go to the jail to register and I tell them I’m self-employed not once have they asked me to elaborate about what it is that I do. I have had a couple times where a police officer doing an address verification asked me about it and I just explain that I’m a graphic artist with an associate degree in graphic design and that I make signs, decals, and screen printed shirts from my home for any person or company that needs something made. They always tell me good for you and move on.
Even though the Santa thing was a bad idea for him, if there isn’t a direct law forbidding him from working around children or going to a customer’s home or work to provide a service then did he break a law in that respect? They even created a sting operation by hiring him to a company office for a party which had no children at it in the first place. They should have contacted him and told him the Santa thing was a bad idea and to find something else that he can be “self-employed” at without so many issues
If he told them he was self-employed and was never asked to elaborate is he then automatically at fault? Not registering the internet identifier part was really all on him.
There is no law against him performing as a santa. He wasn’t even charged with that because he couldn’t be.
He was charged with failing to register an email address and failing to report his “employment”.
Thanks to FAC for pointing out that he was lawfully working as a Santa (although I wouldn’t do that just to avoid scrutiny). As for his other charges for failing to register, I know there are cases that other folks have won since the laws are so confusing.
If I start a business in Florida and make myself the owner and president, but my wife is the primary employee, do I need to register the business with fdle if I am a sex offender off probation and my primary income is from another business already on the registry?
This sounds like a question for a real lawyer with experience with these specific laws because they are such a messy set. I would not trust my freedom to anonymous answers from the Internet. Your question touches on some possible gray areas, which is all too common with registry laws. There’s a page on this site with attorney referrals.
FL registrants are required to register where they work.