Following the trend of most courts, including the US Supreme Court, a Kentucky Judge struck a law that banned sex offenders from any site that’s “available to minors”, stating the law is too broad and effectively bans most of the internet.

Judge says Internet ban is unconstitutional

The post Kentucky Judge Declares Sex Offender Internet Ban Unconstitutional. appeared first on Florida Action Committee (FAC).

Sheriff Grady Judd held another of his “cutesy titled” sex offender stings, “Operation No Tricks, No Treats”, where he posts fake ads online and waits for people to respond to them.

Florida Sting Arrests primarily for prostitution

This time he netted 277 arrests, including a Sargent from his own police department. Judd is quick to point out that some of these “human traffickers” are doctors, teachers, pharmacists and, with a snarky grin shares the marital status of those he is shaming.

Notably absent from his round-up… Anyone on the sex offender registry.

FOX News Player

The post Florida police (Grady Judd) arrest 277 including cops and doctors in sex sting appeared first on Florida Action Committee (FAC).

One month ago we posted that the Alliance for Constitutional Sex Offense Laws in California, filed a Federal Lawsuit against the City of Simi Valley, California, that barred registered sex offenders from opening their doors to trick-or-treaters, decorating their homes and requires they turn off their lights on Halloween.

Simi Valley throws out sex offender law regarding Halloween

Last night, the Simi Valley City Council voted to throw out the ordinance, realizing they would not be able to win the case.

It’s a significant victory for individuals in the city who were prohibited from celebrating the holiday with their families for the past five years.

It is also notable that in the five years the law had been in effect, nobody was arrested, cited or prosecuted for violating it.

The post ACSOL sees Halloween Victory in Simi Valley California. appeared first on Florida Action Committee (FAC).

A recent Federal Court in the Southern District of Indiana ruled that registered sex offenders who plead guilty could not be compelled to take a sex offender treatment class that forces participants to confess guilt in the crimes for which they are charged, give written consent to disclosure of confession and submit to a polygraph test.

Indiana law Violates Fifth Amendment

The requirement, the court stated, violates the right against self-incrimination, as protected by the Fifth Amendment.

Last year, the 10th Circuit heard a case where, as part of sex offender “treatment”, a probationer is forced to take a sexual history polygraph during which questions about their past behavior are asked. If they refuse, they can be sent back to prison for refusing to participate in “treatment”. If they comply, they might find themselves being investigated for additional crimes they admit to or come up as deceptive on.

Similarly, the 10th Circuit ruled that the practice violates individuals’ Fifth Amendment Rights.

The post Indiana sex offenders who plead not guilty cannot be forced to take sex offender treatment appeared first on Florida Action Committee (FAC).

Last week, Hernando County deputies put up an alert about a missing sex offender who they reported had cut off his ankle monitor and disappeared.

Yesterday, the man was found dead, with the Hernando Sheriff calling him the “victim of foul play”

We will continue to monitor this case to determine whether the registrant was the victim of a vigilante murder.

Registrants are reminded to always be vigilant and careful. Do not open the door to anyone you don’t know or are not expecting.

The post Foul play suspected in death of missing sex offender appeared first on Florida Action Committee (FAC).

The Michigan Supreme Court is hearing a case today concerning a man who decades ago touched a girls breasts. His probation and community service were completed in 1997 and his case was dismissed. He has no conviction.

Even though his criminal case is sealed and the general public would otherwise have no knowledge of the non-conviction, he remains on the sex offender registry in Michigan.

The state is opposing his suit to get off the registry, claiming the sex offender registry is not punishment. After the 6th Circuit (Michigan’s appellate circuit) and the State of Colorado, found otherwise, it will be interesting to see what the Michigan Supreme Court finds.

Application to Florida Sex Offender Registry

Of interest to us in Florida, the registrant who is the subject of this case is on the Florida Sex Offender Registry (even though he doesn’t live in Florida, he lives in Michigan).

We hope he’s successful in getting removed from the Michigan Registry and then seeks removal from Florida too!

For more information on the case (including links to all pleadings) click here.

To watch the oral arguments, click here.

The post Another Michigan Sex Offender Registry Case appeared first on Florida Action Committee (FAC).

JACKSONVILLE, Fla. – Registered sex offenders in the River City may soon be able to live closer to schools, public libraries and other places children frequent if the Jacksonville City Council has anything to say about it.

The city council will undergo a second reading of city ordinance 2017-667 on Tuesday. The bill’s primary function is to reduce the required distance a registered sex offender or predator can reside near various locations from 2,500 feet to 1,500 feet, according to the bill’s description.

The bill also advises, if passed, that new and upcoming day care centers will be required to plan their locations around the 1,500 feet-rule for sex offenders.

The ordinance also expands the bill to includes schools, public libraries, day care centers, parks, playgrounds and other locations that children regularly congregate at, the bill summary said.

The Planning and Development Department will need to produce a neighborhood search map using the Florida Department of Law Enforcement (FDLE) database of registered sexual predators to determine if such residents exist within 1,500 feet of a proposed day care center.

The current situation with sex offenders makes it “where there are no places for (them) to lawfully reside in Jacksonville.”

The bill continues by saying this “does not protect the community, but rather results in a transient (or homeless) population that poses a significant danger and menace to public health and to children if the predators go unregistered and become less traceable through the FDLE registration process.”

Councilman Bill Gulliford, who is sponsoring the bill, said the current state is penalizing small businesses, such as day care centers, who are unable to find a location to set up care centers due to the current 2,500 feet requirement.

Jacksonville councilman calls for objective look at distance requirements for sex offenders

“I think we need to take a more objective look and more rounded look (at the issue),” the councilman said.

One reason the current requirement has become a struggle for businesses is that it’s unclear how far sex offenders are from proposed day care center sites. Gulliford explains that a day care center may be located within 2,500 feet of a sex offender’s residence if you draw a straight line on a map, but the distance walked or driven between those two locations may be outside the 2,500-feet requirement.

When asked if he was concerned about a potential increase in sexual crimes against children, Gulliford said he does not see that as a foreseeable issue at this time. He said he believes schools, libraries and day cares have stronger forms of security to counteract that concern.

A ChildTime location in Jacksonville would not comment on the pending legislation and calls to their corporate office were not immediately returned.

As for the bill’s progress in the city council, it will go for a second reading on Tuesday. If it moves forward from there, it will go to public hearing, committee, then a final vote in the future, Gulliford said.

If passed, the bill will go into effect Jan. 1, 2018.

SOURCE

The post Sex offenders may soon be able to live closer to schools, day care centers in Jacksonville appeared first on Florida Action Committee (FAC).

This Sunday, at 10PM EST, CNN will air ‘This is Life, with Lisa Ling’

This week’s topic is “Age of Consent” and it talks about the legal and social consequences of convicting adolescents and young adults of sex offenses; when teenage sexuality crosses the line and becomes a crime.

How Sex Offender Laws Impact Teens

The trailer features someone convicted for transmitting images of child pornography… of himself… when he was a minor.

The issue of registering minors as “sex offenders” is one that has been studied extensively and hopefully this TV report will present a true perspective.

The post Lisa Ling to feature “Age of Consent” on CNN’s ‘This is Life’ appeared first on Florida Action Committee (FAC).

An Amended Complaint was filed this week in the Miami-Dade Sex Offender Residency Restriction challenge.

The original action, which was brought in 2014 by the Florida Action Committee and Individuals who were legislated into homelessness by the Miami-Dade Ordinance which prevented registered sex offenders from living within 2500 feet of a school, was dismissed by the trial court. The ACLU appealed the dismissal to the Eleventh Circuit Court of Appeals, which reversed!

Now, the Complaint has been amended to conform to the appellate opinion and to add four additional plaintiffs.

A copy of the Amended Complaint Can be found here:

Does v. Miami-Dade – SORR – Amended Complaint

The post Amended Complaint Filed in Miami-Dade SORR Challenge appeared first on Florida Action Committee (FAC).

A man incarcerated at the Wakulla Correctional Institute Annex, a Florida prison, was killed on Monday. He was a sex offender being held in a protective management program at the prison. While very few details are being released concerning his death, the 36 year old man was said to have been killed by another inmate. His father reported that when he last spoke to him on Saturday, he was in good spirits.

The post Registered Sex Offender Killed While in Department of Corrections Custody appeared first on Florida Action Committee (FAC).