Win in Indiana with ties to Florida
Some good news came out of the Indiana Supreme Court yesterday. Though the case does nothing to help us here in Florida (unless you plan on moving from here), it has an interesting tie to Florida and its lifetime registration requirement.
In 2013, Peters was convicted of sexual abuse in Illinois. He was ordered to be on the Illinois sex offender registry for 10 years. Three years later, he moved to Indiana. Indiana law has it’s own registration period, but in order to avoid people moving to Indiana just to reduce their period of registration, their law states that the person has to register for the longer of the period prescribed by Indiana law, or the period he or she is required to register in the other jurisdiction.
Since Indiana and Illinois were both 10-year periods, Peters’ registration was set to expire in October of 2023. That was all fine, except that in 2021 took a vacation in Florida. He never moved to Florida, just visited. But because Florida requires a sex offender to register a “temporary address” if they stay someplace for three or more days, Peters did the right thing and complied with Florida’s registration requirements.
We in Florida all know what happens next… Florida never removes you from their registry. Even if your only tie to Florida is a short (three day or more) vacation or business trip, you will remain on Florida’s registry for life! Well, shortly after Peters returned to Indiana, the Sheriff’s department notified him that instead of getting off in 2023, because of his vacation in Florida, he now had to register in Indiana for life!!!
Peters, having just had a major rug pulled out from under him, sued and lost in the trial court. Thankfully, Peters had the resilience and the resources to appeal. But the Court of Appeals affirmed (he lost). Both the trial and appellate courts basically ruled that Peters’ lifetime requirement in Florida (even though he’s no longer in Florida, didn’t commit his crime in Florida, never actually lived in Florida, just made a very unfortunate (and probably unknowing) decision to visit here briefly), triggered a lifetime registration requirement in Indiana.
Even more thankfully, Peters didn’t give up. Where most people would have run out of steam (or more likely, run out of money) he fought his case to the Indiana Supreme Court. And Won!!!
The Court ruled that Peters’ didn’t actually have a registration obligation in Florida since he was no longer working, living, or attending school in the state. Because he didn’t have to register in Florida, it can’t be used to extend his Indiana registration. Just because the State of Florida is unnecessarily cruel and chooses to continue to display the listings of people who are no longer in the state [NOTE That’s FAC commentary, not what the Court found], it can’t be used to move the finish line on his Indiana registration obligation.
The opinion can be found here:
Peters v. Quackenbush
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
I think our friend with the name changing, still same person is bringing the fire squad to our conversations.
I am going to start making my post out of song lyrics. Here is the first one “Help me Rhonda, Help, help me Rhonda”.
Darshan
You can see that your posts are free speech but they are trolling statements. Which, to give you a definition, is to say that trolling is to antagonize (others) online by deliberately posting inflammatory, irrelevant, or offensive comments or other disruptive content.
Marge
There are only 50 states. Please go troll elsewhere.
That’s a good outcome although it seems like they had to get creative with the law to arrive at it. But does that apply if the crime was originally registered in Florida and the registrant was a resident of Florida? Because taken to its logical conclusion, this could strike down any lifetime registration.
So the moral of the story is never, ever go to Florida. If you’re in Florida get out! I did and my life is wonderful. I can go where I want, live where I want and not be bothered.
If anybody wants to relocate let me know. I’ll be glad to help.
Vinny
Relocate to where??
To Vinny can you tell me more about the relocate cause I’m in Florida and would love to have a fresh start in life without the stress of this registration
I sold my house in Florida and moved back to MA. I lived in Florida 6 years and never experienced what Florida required of me. I couldn’t even take my wife to a hospital because it was within 1000 feet of a restricted area.
I sued the county with three other men and won on constitutional grounds.
I left and now live in MA, the true land of the free.
That is what I need. The officer at the registration office told me I could move and not have to register anymore, he also said I could of had that happen here in Florida but I got a DUI in 2021 Foolish Mistake but he did say that I could move out of state and not have to worry. Are there any places there where I could park a RV and receive mail temporarily till I get situated, I’m disabled and really don’t make much per month. I was also charged as a minor in 1993 and what gets me on that when I was on house arrest my PO called me in and said I had to take a picture. But from what I was told any new sex offences after October of 93 would require that person to take the picture and all that stuff, I was charged in September of 93 as a minor 2 counts L&L I need a fresh start in life
Not only can you park an RV the state can help you get a personal care attendant for you if you need help with ADLs
@Vinny
The one thing I do like where I register in Florida, we do not have to pay to register. That IS what probation is for. I still cannot believe that not only the judges state that the registry is not punishment, but a fee to register should be declared punishment because that is what you do when you are on probation, PAY money. Wave a wand and magically, nothing is punishment. Are we living in OZ?
The last time I was in Florida was 31 years ago; given the massive human rights abuses and having to register if longer than a couple of days, I don’t foresee myself ever visiting again.
I will never step foot in Florida again.
Convicted of sexual abuse? Must be on registry for life in IN, IL, FL and all 51 states.
51 states, Marge? Really?
Just saying
Jess all 51
LoL
Perhaps you should check out some of the sentences people are receiving because of the term “sexual abuse” I assure you many of the people on the registry are no more a sex offender than you or I. What a terrible thing to post.
Yes. Convicted by a jury of sexual abuse. The jury decided. The evidence was enough to send to prison. The jury of his peers have spoken. Abuse, molestation, battery, rape, predatory any and every thing…..straight to the registry in all 52 states, commonwealths, territories. Plus go on the registry for Canada and Mexico.
I’ll pray for you. You sound like you’ve been hurt and have a lot of resentments built up. Would you care to share why you feel the way you do towards people on the registry?
I’m in Massachusetts
I graduated from college over 40 years ago so maybe I have lost my mind, but when did we get a 51st state? Now I have to buy new flags.
I seem to live in the state of confusion.
Didn’t we acquire Canada or Greenland? /s
@mbgodofwar
Then why for so long we haven’t made Puerto Rico a state? That is the more logical step. I mean if they add another state, I will be buying a flag company because every school, church and business, including homeowners would need new flags, flag stickers, flag hats etc.
Cherokee, I think there’s only a couple trolls that get on here. They just use different names.
Correct – we can see the IP addresses of everyone who posts. We have the same couple of trolls posting under different names.
Dear FAC,
Is trolling against the Law? You can call them Trolls( bcse they don’t agree with other members statements) From what I observed, there are all kinds of conversations are taking place. I don’t think none of members are personally attacked (everyone is entitled to their opinion. People use different names for a reason (fear, threats.etc) There is no need for RIDICULE and notifying of their IP’S
Thank you
They don’t notify people of other’s IP’s. They said they can see them. Relax Ben.
Dear FAC,
Trolling is not a Federal crime, just an FYI. Please do not insinuate that you see their IP>S publicly.
They never said they outed them and their IP address. Just said they can see the IP address which is the same repeatedly used despite the different names used with them as they post…that would include you too and your IP address unless under VPN use which may confuse things a bit.
They can troll all they want as long as they follow the rules of the posting road here @FAC. The trolls make themselves known at their own hands.
@Ben
It is one thing to share you opinion, it is another when people come in here saying we should have been sentenced to life and some even had stated they wouldn’t be sorry if we were all dead. You do not have to like us but we all have families who love us. Those families we live with are in the SAME danger we are in when someone shoots into our house (Happened to me), when someone sets our house on fire (Happened to me), had our tires slashed, paint and feces thrown on our cars etc etc. And many times the cars that are vandalized were not even the registered persons car.
And a while back, FAC posted a story of a guy who was murdered for being on the registry, and they killed the wrong guy who had never been on the registry. (Not saying anyone should have been killed but an innocent person was killed in the name of the registry by vigilantes)
Cherokee
We’re talking about child predators here. I’m sure you’re cool Dude, but taking everything too serious
Shalom dear friends..Fact check: are PFR’s allowed to join LE?
Sex offenders do join law enforcement from time to time, but only those that have not been caught yet.
Jacob
Oh well..our friend Cherokee is former LE..lol
@Mrs
If you were talking about me , I stated I was FORMER law enforcement, wayyyyyy before I was arrested. In fact, when I got arrested, it had been years since I had been on the force. And part of why I got on the registry is because I saw so many deaths will during my time in Homicide that I quite and took years to stop seeing all those who were killed.
And yes, it bothered me when an officer shot someone regardless of if they were justified or not.
There were officers who laughed after shooting someone and that really bothered me. Even if the person was a bad guy, laughing and making jokes while the person is flopping on the ground taking their last breath, any person with a conscience would be bothered.
But I do not think anyone on the registry has a dog’s chance in Hell to work at the police department, unless as an informant maybe in an undercover sting, but I would not do that and wouldn’t trust them to hold their part of whatever agreement was made to snitch.
Glad I was not on the force at the time of my arrest because that would have made the news. Unless you have a high-profile case, the news isn’t going to out you.
Cherokee
Omg…you can really tell stories. When did you go to college than, if you were arrested in your 20’s and what is your Major.
MRS
I got started college right out of high school at 18. Graduated when I was 20 and got hired. Worked there a few years until I quit due to so much violence on both side, Public and the police.
I am 60 years old now, was arrested when I was 26. Major was criminal justice but only a 2 year degree. Tried to get a BA but my grades were excellent except I could not pass Algebra to save my life so they did not accept me into a Bachelor’s degree but still had a degree and got hired.
I do not mind sharing this but the stories are real. If you want to knit pick at my stories, who cares, I lived it, you didn’t. As if I really care two bits if you believe me. Anyone who comes on a site to badger someone has zero cred, hiding behind your keyboard.
Anyway, moving on, next you will want my address. I might actually give it to you so once you step on my property with 3 dogs and a gated, locked fence.
Not caring. I gave you a blessing in my last post (Unless FAC didnt post it) You just proved how much of a troll you are. Do you also want my social security number as well?
Bye
Yes, I saw the statement you made to one of them telling them they had posted the same IP address with 27 different names. I knew something was up with numerous posters were using just a letter for their screen name and each post was a different letter.
That actually makes me feel better because it is not a group like I thought coming in to bash us, but one or two people pretending to be troublemakers. I do not have time in my life to bother other people, but I take my time to lift other people up. I want to share love and happiness, not hate and torment. I am not perfect but every day I strive to be a better person. (With the exception when I first get out of bed, then I am a Grouch until I get my coffee)
FAC,
with all due respect… your basically you will be depriving so called (TROLLS) from expressing their opinions? Yes, those opinions may not suit others, but everyone has right to express themselves. This is Land of Free where we still practice Freedom of Speech. So called Trolls may be victims or related to some. Please be fair and mindful.
thanks mrs Daksha
“Freedom of Speech” as detailed in the 1st amendment to the US Constitution is not the right to insult, degrade, push forth false doctrine, incite hate or violence against any person for any reason.
One should really understand what the 1st amendment says and means before using it as a defense for one’s opinion.
As a private website, @FAC could censor all the trolls they wanted with rules of engagement related to content being posted for review. Trolls have other forums to which they could espouse their vitriol and opinions, it doesn’t have to be here @FAC. There is nothing that says they have the right to spew what they want here. @FAC is granting them the ability to post their opinions here, but they don’t have to agree to approve them for all to read. There are limitations to 1A which all should read, understand, and learn about. Listen to what Vincent has said above, it is true.
@Daksha
As former law enforcement (And with a college degree) I can tell you, freedom of speech does not mean unlimited speech, especially with it is threatening harm on others. There have been several post by the so called “Trolls” who have stated they would not be sad if we were all killed. That is what is called hate speech and a website has the freedom to censor those types of posts.
Although F.A.C allows anyone to post, ALL sites I have ever been on have rules and if you break those rules, you can and will be banned if the site moderators fell you have either broken those rules or do it consistently. If you ask me, FAC give MORE than enough tolerance that is owed so be thankful you get to comment at all.
If I were to go on a website for brides and grooms and started saying I wish the groom would die, I am sure one of two things would happen, either I would be banned, my comment would not be posted, or law enforcement would be notified. Again, F.A.C gives more chances for posters than they should.
Hell, I have been on here for years and sometimes they do not post what I write just because they think it is not correct information. It does piss me off but I am also not threatening anyone.
If you want to fight FAC over censorship, hire a lawyer and so will we and I am sure FAC would love getting paid when you lose your lawsuit stating you can say anything you damn please on a post board that you do not own nor are a member of. Be careful what you wish for.
And one last thing, is your life so boring that you have to come troll people who have done nothing to you? I could understand if you were going after someone who harmed you but I bet you do not know a single person who is a F.A.C member or poster who is a registered person. I am sorry if you were harmed by someone, but do not take it out of all of us, who also have families who still love us, and most of us, our victims from the past do not bother us either. Things were settled in court and we all went our way.
mr Cherokee
Let me ask you, have I ever poster any treating comments in your address? I don’t believe so, and yes there are trolls on different Forums including this one. My philosophy is…. if you can’t heat, get out of the kitchen.
Daksha
Oh no, I LOVE the heat, just in person where the troll can see me in person and say what they have to say while looking at me face to face, not hiding in a comfy chair at home. Not all of us are frail and frightened bunny rabbits. I survived prison just fine, in fact, it made me even stronger, mentally, physically and spiritually. The only place worse than prison is Hell itself.
Have a blessed week and maybe spend more time with your loved ones instead of spending time harassing people you don’t know. As a Christian, I do not go on Muslim sites and tell them they are horrible people who believe in the wrong God. What they believe and do as long as it does not hurt me or my family, I really do not care what they believe as long as they don’t bother me.
Why waste your precious time going on sites to stir things up? If someone who is on the registry hurt you or your family, that is who you should have the beef with. But the truth is, most of the people who troll on here have not been a victim of someone who is registered, they are just bored and looking to stir up trouble.
People like Cherokee and trolls make this place more fun. Always new stories are told
Ben
That is this site is “Supposed” to be a safe place for us registered folks. But lately it is like still being in prison. The only difference we can choose to quit coming on here but then the A-holes would win. No one, nope not one, will force me to crumble.
My Native American spirit is much stronger than many realize. That and God are the reasons I survived prison. There were some really, really bad dudes in there and since we were locked up, it wasn’t like in the public where you could just walk away. Where would I have gone in prison? We had the dorm, the bathrooms and the tv room at night and the recreation area outside on weekends.
And I stated before, most feared the guards more than the other inmates. They did like what is happening here and trolled us all the time, trying to get us to do something so they could send us to solitary confinement.
Cherokee
In Vino Veritas!@ Salu🍷🍷t
Cherokee
😆 🤣 😂 😹 ĺol
@marge
And just how does having someone on the registry for the rest of their life bring their reformation to completion after they get out of jail??