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re: The Danger and Power of the Sexual Offender Registry

Posted on 2/14/17 at 4:11 pm to
Posted by imjustafatkid
Alabama
Member since Dec 2011
67621 posts
Posted on 2/14/17 at 4:11 pm to
quote:

Can a person sign away their constitutional rights?



Do people usually still have the right to appeal when they accept a deal?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 2/14/17 at 4:12 pm to
quote:

Can a person sign away their constitutional rights?

yes. every time you plead for a felony (and in enhanceable misdemeanors) you waive a ton of rights

i can show you the form if you'd like
Posted by mmcgrath
Indianapolis
Member since Feb 2010
37395 posts
Posted on 2/14/17 at 4:13 pm to
The problem isn't with the registry. It is with the criminal code.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 2/14/17 at 4:16 pm to
it's with how we view these crimes as a society

people don't even like to have a conversation about them publicly b/c so many ignorant people (of both culture and technology) are quick to accuse them of being pedos. in the level of accusasions, pedo is like slightly under racist
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 2/14/17 at 4:18 pm to
I mean you could maybe keep the registry if you just significantly cut down on what qualifies for registration. The problem has been that every politician wants to be "tough on crime." Which leads to ever expanding penalties in order to appease a public that doesn't really understand the system.
Posted by BigJim
Baton Rouge
Member since Jan 2010
15145 posts
Posted on 2/14/17 at 4:18 pm to
Agree, but who is going to file the "soft on Child Sex Offender bill?"
Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 2/14/17 at 4:20 pm to
I've heard Mark Geragos talk about the registry recently on podcasts and he is of the opinion that landing on the registry is worse than a stretch of prison time and it is not even close. People on it can't get a job, have trouble finding a place to live, etc.

He basically describes it as a life sentence.

This is one of those things where good intentions go wrong and no one is willing to fix it.

I'm fine with clear cut, deviant, dangerous people get this hammer but too often people get caught up in the net that shouldn't be.

The two most glaring examples to me are teen on teen matters and public urination. I just did a quick google search and 13 states designate public urination as a crime that lands you on the registry.

No 18 or 19 year old should be ostracized from society for the rest of their life for activities with a 16 year old girl and no drunk guy trying to take a piss behind a tree should have his life ruined because he didn't have his head on a swivel.

Like others have said, though, it's a hard thing for an elected official to take this up.

Also, the OP case is insane. If the girl was in her underwear of some sort and not showing her breasts or private parts, how is that even a crime? If it was panties and a bra, that's no more revealing than a bikini.

As it stands, the real culprit is prosecutors. They are the only ones that have clear discretion to inject common sense into these things. They are the final filter.
Posted by larry289
Holiday Island, AR
Member since Nov 2009
3858 posts
Posted on 2/14/17 at 4:21 pm to
Did not go to the link, but I have a question. Are we talking about an 18 yr. old that knew the online girlfriend was 13? Secondly, other responses stated related incidents of "adolescents" sexting and photos being sent between them, is that also illegal?
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 2/14/17 at 4:23 pm to
Child porn doesn't require nudity (and even some nude children aren't child porn). The courts generally look at bra and panties as more risqué than swimsuit even if the coverage is the same because of the context.

I would like to hear the other side of the case in the OP.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 2/14/17 at 4:23 pm to
quote:

if you just significantly cut down on what qualifies for registration

yes

there are some crazy crimes without victims that can get you on the registry. much lesser than the guy in OP

it's just a tool by the state that has been abused b/c nobody wants to stand up and be called a pedo or rapist supporter

Posted by imjustafatkid
Alabama
Member since Dec 2011
67621 posts
Posted on 2/14/17 at 4:23 pm to
quote:

No 18 or 19 year old should be ostracized from society for the rest of their life for activities with a 16 year old girl and no drunk guy trying to take a piss behind a tree should have his life ruined because he didn't have his head on a swivel.


It seems to me like this part of it could be fixed without looking "soft on pedos."
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 2/14/17 at 4:24 pm to
The public urination and the new sextinf situations are probably the worst applications.
Posted by imjustafatkid
Alabama
Member since Dec 2011
67621 posts
Posted on 2/14/17 at 4:25 pm to
quote:

Did not go to the link, but I have a question. Are we talking about an 18 yr. old that knew the online girlfriend was 13?


He knew the girl in person, but they developed a relationship online.

quote:

Secondly, other responses stated related incidents of "adolescents" sexting and photos being sent between them, is that also illegal?


Yes.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 2/14/17 at 4:26 pm to
quote:

Also, the OP case is insane. If the girl was in her underwear of some sort and not showing her breasts or private parts, how is that even a crime? If it was panties and a bra, that's no more revealing than a bikini.

there are lots of new laws that essentially target grooming-type offenses and they're all scary as frick

you don't have to have sex or see nudity. dirty talk to minors alone can get you in a lot of trouble
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 2/14/17 at 4:27 pm to
Under some state's laws a 16 year old girl/boy sending a 16 year old boy/girl a nude photo can land the recipient in prison without the sender being punished.

In other states both may be punished. In other states a Romeo and Juliet law may prevent any punishment.

Long story short, the law hasn't really figured out how handle sexting.
This post was edited on 2/14/17 at 4:28 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 2/14/17 at 4:27 pm to
quote:

Are we talking about an 18 yr. old that knew the online girlfriend was 13?

yeah it's fricked up and possibly criminal but not THAT criminal

quote:

Secondly, other responses stated related incidents of "adolescents" sexting and photos being sent between them, is that also illegal?

yes. a teen taking a nude picture of itself and sending it is distribution of child porn. anyone receiving it is guilty of possession/receiving child porn
Posted by Brosef Stalin
Member since Dec 2011
42595 posts
Posted on 2/14/17 at 4:31 pm to
Why aren't there registries for other crimes? Armed robbers should have to send a postcard to all the banks in their area warning them to watch out. Domestic abusers should have to get a judge's approval for a marriage license. Drunk drivers should not be allowed to live within a certain distance of a liquor store.

It seems like extra punishment after the person has already served their jail time or is off parole.


quote:

the girl sent him five pictures of herself in her underwear. Her face was not visible, nor were her private parts.

half the girls on instagram need to be locked up then
This post was edited on 2/14/17 at 4:34 pm
Posted by larry289
Holiday Island, AR
Member since Nov 2009
3858 posts
Posted on 2/14/17 at 4:34 pm to
SlowFlowPro, CorporateTiger,imjustafatkid

Thanks for the info. Glad I'm an old grandpa, because as horny as I was at 15-16, this would have been a major temptation!!
Posted by imjustafatkid
Alabama
Member since Dec 2011
67621 posts
Posted on 2/14/17 at 4:35 pm to
quote:

Glad I'm an old grandpa, because as horny as I was at 15-16, this would have been a major temptation!!


My high school girlfriend's dad would have had me in jail for sure.
Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 2/14/17 at 4:40 pm to
That's the kind of stuff that is completely devoid of logic. A 14 year old girl in a bikini at the beach can take a family picture with her mom and dad and post it to Instagram and it's fine. The same girl can take a picture of herself in a bra and panties which essentially the exact same garment and it's child porn.

I had no idea about that. I've always assumed there had to be some exposure of the breasts or privates to qualify.

That's crazy.
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