Tuesday, December 4, 2007

Children as sex offenders? What has this world come to?

The following is some links to items on this blog to children 18 years of age and under being charged with sex crimes and labeled sexual offenders. This item is under the "OffenderChild" label on the left side of the blog.

Take a very hard look at what these laws, that everyone says is for sexual predators, are doing to these children! And look at all the hysteria and insanity these laws are causing! They say they are to protect children, but why are children being swept up into the large nets of these insane laws?  Many are from kids being kids!

You can also find a lot more children who have been ruined by these laws, at our Diigo account.

MO - State announces crackdown on Internet harassment

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Every state should have a law like this, IMO.


JEFFERSON CITYGov. Matt Blunt today announced the Governor’s Internet Harassment Task Force and charged the group with carefully reviewing state law and making recommendations for changes to better protect Missourians from Internet harassment.

“Megan Meier’s senseless death is a tragic lesson that social networking sites and technology have opened a new door for criminals and bullies to prey on their victims,” Blunt said. “As families and friends continue to remember Megan and celebrate her life, we must ensure that our laws have the protections and penalties needed to safeguard Missourians from Internet harassment.”

Blunt formed the task force to specifically review Missouri laws that relate to stalking, harassment and child endangerment. He expects the task force to make recommendations within 30 days. The short timeframe will ensure that the group’s recommended proposals or legislative changes may be considered during the next legislative session.

The task force will be chaired by Department of Public Safety Director Mark James. The participants have not yet been finalized, but will include Missourians that represent a wide range of backgrounds, from law enforcement and children’s services advocates to parents, elected officials and Internet providers.

Blunt has taken the lead to protect Missourians from Internet threats. Legislation he signed strengthened laws protecting children from predators who use the internet to access victims, specifying that laws apply even when a sexual predator is communicating with law enforcement posing as a child.

Blunt’s Multi-jurisdictional Internet Cyber Crimes Task Forces and Cyber Crime Grant Program distributes funding to support detectives’ salaries, training and computer forensic personnel who focus on preventing and controlling Internet cyber crime ultimately improving public safety. The governor signed a budget providing a total of $1.25 million for the cyber grant program including $250,000 in grants for equipment purchases and a $500,000 increase he recommended.

The governor recently approved $150,000 for the INOBTR, shorthand for “I Know Better,” to help fight against online predators. The funds support a public-awareness campaign and education initiative designed to help Missouri parents and students learn about the latest issues facing kids online, become active in the fight to stop Internet predators and protect children online.

In addition, Blunt and Sen. Tom Dempsey have announced a legislative initiative to require sex offenders to register their e-mail addresses and electronic identities with law enforcement. Tough new provisions the governor supports would beef up the sex offender registry to include e-mail addresses and electronic identities.

MO - Child sex offender law struck down

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JEFFERSON CITY (AP) -- The state Supreme Court has struck down a Missouri law that allowed prior child sex offenses to be used against defendants facing similar new charges.

The Supreme Court says evidence of prior criminal acts should never be used in court to try to prove a defendant's propensity to commit a crime. To do so, the court says, violates a constitutional protection that is vital to the integrity of the justice system.

Tuesday's unanimous decision comes in a Livingston County case of a man convicted of first-degree child molestation.

Attorneys for Donald Ellison had objected when the trial judge allowed prosecutors to admit evidence of his prior conviction.

The Supreme Court overturned Ellison's conviction and ordered a new trial.

DC - Senate Aide In Kiddie Sex Bust

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FBI: Staffer for Sen. Maria Cantwell sought tryst with boy

A U.S. Senate aide was arrested Friday after allegedly arranging a lunchtime sexual encounter with a teenage boy, according to federal court records. James McHaney, 28, was nabbed by FBI agents after he arranged the afternoon liaison via a "cooperating witness" working with investigators. According to the below felony complaint and an accompanying statement of facts filed in U.S. District Court in Washington, D.C., the CW and McHaney were conversing online Friday afternoon when the CW asked whether McHaney was interested in engaging in anal sex with a 13-year-old boy. "I'll be there," McHaney allegedly replied. He later asked for a photo of the child with whom he and the CW would have sex and whether the boy had "any pubes." When told no, McHaney allegedly replied, "That's hot." McHaney was nabbed in the lobby of an unnamed "predetermined location," where he had arranged to meet CW. Until his arrest Friday, McHaney had worked as the D.C. scheduler for Democratic Senator Maria Cantwell. A caller to Cantwell's office was told late today that, as of last Friday, McHaney no longer worked for the Washington state politician. (2 pages)

OH - Nation's Top Christ-Based Counselor Speaks for Most Hated Families in Society

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Videos at the end of this article.


Reveals Nation's Hypocrisy On Issues Of Sex Offender Registration

Columbus, OH (BlackNews.com) - Horrible images of sex-predators including rapists and pedophiles come to mind with the mention of the term, sex-offender. A history-making rally was staged on the capital of Ohio in Columbus where Senate Bill B-10 is being considered for the state. Among other things the Bill would extend sex offender registration to life-time. However, persons in attendance witnessed a completely different story of mothers, wives, sisters, and victims pleading for legislation that makes sense. Armed with statistical facts demonstrating that the principal place of sex offense is within the family, and that sex offender recidivism rate is among the lowest of any kind of offender, one-by-one they made their desires clear. The rally was sponsored by So Clear Media. So Clear's charter involves safety for all children, and streamlining registration to those persons representing a true threat to society.

Representatives from the mental health and legal profession also participated. The day was concluded with an unforgettable speech by Dr. Steven B. DavidSon. DavidSon, the nation's leading Christ-based Counselor is the author of the book, Christ-based Sexual Counseling-The Decade of Sexual Dysfunction.

Identifying himself as a child-of-the-sixties his message called on the God of Biblical patriarchs, the framers of the constitution, civil rights icons, and his grandparents. He included a prayer and proclamation to change the term, God bless America to God have mercy on America. Thanking God for America and citing the evidence of his personal commitment to the nation, he launched a series of unforgettable one liners. Finally, asking God's mercy upon the nation for being a world-leader in sexual promiscuity, he disclosed sexual promiscuity in the nation's leadership including the White House, Capitol Hill, and pulpits across the nation. He further identified sex-offender registration as the vehicle where the public absolves its sex related guilt and sexual failures. Stating that they face little opposition, he blasted law makers charging them with repressive law-making knowing its low risk politics. He cited his God as the one they'll have to fear. Alluding to his child-of-the-sixties background, he included himself and countless others as sex offenders given God's standard that any sex outside of the marriage union is detestable behavior.

He left the listeners with an eye-opening call to tell the Church that sex-offender registration is not for sex-offenders. He called sex-offenders the Beta testers, and revealed it as the same system that will register Christians who do not accept the mark of the lawless government in Revelation 13.

Even counter-protesters listened and evaporated by the time his thundering twenty-two minute message was concluded. Braving sub-freezing temperatures, there were tears, cheers, and restored hope by the attendees. DavidSon pledged to help share their message. "They are not trying to eliminate the registration program altogether. Clearly, the public needs to be aware of persons who present a real threat. However, in its current form, we are back to the days of colonial prosecution and persecution. Sex offender registration is the new public display. Let's be forthright, as currently prosecuted there should be millions of us pilloried with stocks around our necks."

DavidSon, who knows the dilemma personally through his own son's experience calls it a 'God thing.' "No one would choose this. We were called to it. There are obvious threats and dangers involved, but we embrace the calling. What began as a nightmare five years ago with my family has become a place that glorifies the God we serve."

You can see the message in its entirety on Christbasedcounseling.org, or www.youtube.com/davidSonjustice

Dennise Bates, CMO Associate or Timothy R. DavidSon, CMO Assistant
Email: Hisglory@christbasedcounseling.org
Phone: 972-987-1674
Web System and Video: Christbasedcounseling.org, M2Maturity.org or www.youtube.com/davidSonjustice

IL - Rape charges recall notorious Chicago case

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Attorney Eugene Pincham said he never thought he'd see a child as young as 8 charged with rape again, not after what happened to his clients in Chicago more than nine years ago.

Two boys, ages 7 and 8, were accused of raping and murdering an 11-year-old girl, Ryan Harris. The nation's youngest-ever murder suspects were exonerated by simple logic: They weren't biologically capable of producing the semen found at the scene. A convicted sex offender eventually pleaded guilty to the crimes, and the boys would later receive large financial settlements from the city.

"It's outrageous," said Pincham, who's been following the case involving three Acworth boys, ages 8 and 9, charged with raping an 11-year-old playmate. "Everybody knows a boy that age can't rape a girl. The prosecutor should know better. This is not right."

It's certainly not common.

While child-on-child sexual assault does happen, it is rare and it is even more rare that the crime would be prosecuted.

Former Fulton County juvenile judge Karen Baynes, who specializes in children and family issues at the University of Georgia's Carl Vinson Institute, said she's never heard of a child that young being charged with rape. There have been a few such cases prosecuted nationwide, but most end up being handled outside of the courtroom, she said.

Sanford Jones, Chief Judge of the Fulton County Juvenile Court, also couldn't recall any such charges being brought against a child as young as 8. That doesn't mean rape allegations against children are unprecedented.

"We recently had a case where a 5-year-old sister was being raped by her 6-year-old brother," Jones said. Charges were not filed.

Even if the Acworth case goes to trial, Jones said the boys will not be punished by the courts, at least not in the way an adult would.

"That's not our job," he said. "I can lock them up for rehabilitation or to protect the community. A juvenile court judge does not have a right to punish under Georgia law."

Unless the crime is particularly heinous, or involves a repeat offender, young perpetrators often end up being released to their parents' custody, Jones said. The children's home environment will also be examined to determine whether the offenders themselves are sexual assault victims.

"What the judge is going to be interested in in this case is 'how did it get to this point?'?" he said.

Jones said he empathizes with Cobb County District Attorney Pat Head, who brought the charges against the three Acworth boys. Because of a court-imposed gag rule, Head cannot comment on the case.

"His hands are tied to a great extent," Jones said. "In a case like this, if a parent wants to prosecute and there's sufficient evidence presented, that's what he has to do."

Head finds himself in a no-win situation, at least as far as public opinion is concerned.

"It seems to me the prosecution in this case is being simultaneously punitive and silly," said Frank Zimring, a professor of law at the University of California, Berkeley and an expert on legal issues involving children. Considering the ages of the children involved, Zimring said the alleged assault was not sexual in nature and shouldn't be treated as rape.

Nor should it be viewed as criminal in nature, said state Rep. Mary Margaret Oliver (D-Decatur), who is involved with a state bar association formulating revisions as to how juveniles are treated under criminal law.

"Research tells us that children as young as 8 and 9 do not have sufficient capacity to form criminal intent, in the way adults do," she said.

Regardless of what happened, there appears to be four victims in this case, Jones said. He is hopeful it will be resolved without a trial.

Pincham predicted it won't get that far: "When the dust settles and rational minds evaluate the facts, this case will disappear."

NY - Counties Sued Over Sex Offender Residency Laws

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Knock em' down, one state at a time!


Attorney Terry Kindlon says he has filed three separate lawsuits against Albany, Rensselaer and Washington Counties.

He claims those counties' residency laws, governing where registered sex offenders live, are unconstitiutional. Kindlon says he represents a number of clients who wish to rent apartments in cities, yet find it difficult finding homes that don't violate the bans in those counties.

He says many end up living on the streets or in hotel rooms.

CA - Inmate found dead in Tracy prison cell

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Maybe murder?


Officials investigating incident as possible homicide

TRACY — An inmate was found dead inside his cell at Deuel Vocational Institution Saturday morning, prison officials said.

Prison staff handing out the morning doses of medication to inmates found Randy James Rabelos, 28, unresponsive in his cell around 7:20 a.m. who appeared to have been dead for a "couple of hours," Lt. Ray Munoz said.

Investigators from the prison, along with the California Highway Patrol and the Department of Justice, are investigating the matter and have questioned Rabelos' cell mate, Rick Henry Kase, 39, from Santa Clara County.

"They were in the cell together for the last 12 hours," Munoz said. "We got started into looking at how Rabelos died and immediately started to look at his cell mate. The case is being investigated as a possible homicide."

According to preliminary findings from the San Joaquin County Coroner's Office, Rabelos appeared to have died from asphyxiation with blunt force trauma. An official cause of death is pending a toxicology report which can take up to six weeks to complete.

Rabelos arrived at DVI in September from Tuolumne County and was serving a three-year sentence as a sex offender, Munoz said.

Kase arrived at the prison a little more than a month ago and is currently serving a term for parole violation, and being a convicted felon in possession of a deadly weapon.

MT - Sex offender can return to Belgrade High on certain conditions

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BELGRADE - The School Board here decided Monday night that a 15-year-old sex offender can return to the general high school population on the condition that he follows certain rules.

Tanner David Smith, a Belgrade High School sophomore, has been on in-school suspension, meaning he is receiving his education outside the general school population, since he was discovered on the state's sex-offender registry in October.

Smith was convicted last year of three charges of child rape, all felonies, in connection with molesting a 5-year-old girl in Washington.

The School Board unanimously agreed that Smith should be allowed back into the general school population if he follows rules designed to monitor his progress and protect other students.

"I just don't want to close the door completely for all his high school life," board member Sherie Jolliff said.

* Dan Buckley, the Smith family's attorney, said he appreciates the fact that the School Board is allowing Smith back in school.

"We're encouraged because our whole goal is to get Tanner back in school," Buckley said after the meeting.

A committee of board members, principals, attorneys, counselors and others will meet Thursday to discuss the conditions of allowing Smith back into school. Once the conditions are set, the School Board will meet next week to approve them. Meanwhile, Smith will remain on in-school suspension.

According to a proposed enrollment agreement, rules Smith may have to follow include attending counseling, staying off the school bus and staying off the Internet. He may not be allowed on school grounds after 4 p.m. His parents, counselors, probation officers and others also may have to submit quarterly reports to the school district on Smith's behavior and progress.

Russ McDaniel, Belgrade High's assistant principal, said the reason Smith would be denied access to the Internet is because students have found ways to view pornographic Web sites at school, even though the sites are blocked.

He also said Smith has been disciplined for an incident on a school bus. In addition, a bus driver wouldn't be able to monitor Smith's behavior.

If Smith broke any terms of his enrollment, he could be expelled, Belgrade Schools Superintendent Herb Benz said.

Dennis Bechtold, a School Board member, said he was concerned about the risk of allowing Smith back into school. He said the rules for allowing Smith back into school weren't very tough.

"I think we're being pretty liberal with allowing him to attend school with only these requirements," Bechtold said.

Buckley waived Smith's right to a private hearing and the meeting was open to the public. The school district's attorney also attended the meeting.

Former Belgrade High student Albert Brown, 19, also a registered sex offender, was expelled last month. Brown was discovered on the sex-offender registry at the same time as Smith.

The cases have highlighted the communication problems among schools, youth-probation officers, law-enforcement agencies and others regarding sex offenders in schools.

The action the school board takes regarding the teens also could set a precedent statewide and lead to new policies on how schools deal with sex offenders.

Ted Sullivan is at tsullivan@dailychronicle.com

NC - Sex offender law limits park usage

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LANDIS - Registered sex offenders won’t be able to take a walk in the park anymore in Landis.

The Landis Board of Aldermen passed an ordinance Monday prohibiting sex offenders from entering town-owned parks and greenways. This includes Linn Field, Corriher Field, Graham Field, Landis Pavilion and the town swimming pool.

Alderman James Furr introduced the issue in November, saying it would be a proactive measure to protect children that use the parks.

“This will give our police a tool to prevent known registered sex offenders from being in those areas,” Furr said, adding after the vote, “Perverts, stay home.”

The N.C. Court of Appeals recently upheld a similar ordinance in another town in North Carolina, saying that convicted sex offenders do not have fundamental rights to be in public parks. Furr said he had been researching the issue for sometime and waited until the courts had upheld the constitutionality of the ordinance before establishing one in Landis. Offenders face a $500 fine or 30 days in jail for breaking this ordinance.

In other action, three new members took their oath and joined the board. Dennis Brown, who ran unopposed as mayor, Dean Beck and Tony Hilton were elected to the board in November. Superior Court Judge John Holshouser administered the oaths as family members looked on.

“Landis is my hometown and I always wanted to be the mayor,” a teary-eyed Brown said, after taking his seat.

This was also the last meeting for the incumbent mayor, Mike Mahaley, who did not run for re-election, and for long-time aldermen Will Beaver and George Pless, who were defeated in their bids for re-election.

• Contact Ben McNeely: 704-789-9131.

FL - Delays over, Lee leaders face heaping to-do list

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Judah set to take over leadership post from Janes

Today’s Lee County Commission meeting and public hearing agendas are packed due to items delayed in recent weeks.

It’s the first meeting in three weeks in which a full board is expected to attend. Either Commissioner Bob Janes or Ray Judah has been absent.

Also today, Judah is expected to take over as board chairman, a duty Janes has held for the past year.

The 9:30 a.m. regular meeting agenda includes:

• The board will select a consultant to complete a comprehensive study of the Lee County Density Reduction/Groundwater Resource (DRGR) land, the 83,000-acres of environmentally sensitive land in southeast Lee County.

Officials expect the study to cost up to $750,000.

The 5 p.m. public hearing agenda includes:

A final public hearing for an ordinance that would impose a fee for sex offenders and predators to complete forms for the state-mandated sex offender registry.
- Extortion! Pay a fee or go back to prison. Why do other criminals not have to pay fees for life?

Proponents have said it will offset the administrative costs for maintaining the sex offender registry. Opponents said it amounts to an unfair tax specific to sex offenders.

• A final public hearing for a fertilizer ordinance that would regulate professional landscapers and not apply to homeowners.

Among the regulations would be that no fertilizer be applied within 10 feet from the edge of any water body, seawall or in any designated wetland.

• A proposed extension of a rezoning moratorium in Lehigh Acres. The moratorium, first adopted in April 2006, blocks attempts to rezone non-residential property for residential uses.

It was imposed to give the county time to adopt a community plan for the future development of the east Lee County community.

• Two other moratoriums. The first is for the submitting and processing of zoning applications affecting the 83,000-acre DRGR. The other would prevent changes to the growth plan affecting the 83,000 acres DRGR.

The moratorium would buy time until the DRGR comprehensive study is complete. It would carry into September.

Representatives from mining companies have said the moratorium is unfair to the industry, which is being portrayed as environmentally unfriendly.

Residents in the area said delaying plans for more mining is important as studies are completed.

NH - Nashua Debates Sex Offender Ordinance

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City Would Put Restrictions On Where Registered Sex Offenders Can Live

NASHUA -- Nashua is considering a sex offender ordinance.

The city is discussing a proposal that would restrict registered sex offenders from living within 1,000 feet of schools, day cares and parks.

The proposed ordinances would only affect those sex offenders moving into Nashua, not the 90 offenders already living in the city.

Nashua's Board of Aldermen will discuss the proposal again on Dec. 13 and get feedback from police.

Several New Hampshire communities have already passed similar ordinances.

TN - "Vigilante justice" suspects won't face death

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The district attorney will not pursue the death penalty for two Scott County men accused of setting a fatal fire at the home of a man accused of child pornography.

Robert Bell and Gary Sellers have both pleaded not guilty to charges of aggravated arson and first-degree murder.

Authorities allege Bell and Sellers set fire to a home on September 2nd to target Timothy Chandler, a man accused of possessing child pornography.

Chandler escaped, but his wife, Melissa, died shortly after the fire.

Timothy Chandler later pleaded guilty to a charge of sexual exploitation of a minor and was sentenced to five years of supervised probation. He also was required to register as a sex offender.

In court Monday, prosecutors said they will ask for life in prison with the possibility of parole.

The trial date for Bell and Sellers is set for April 10, 2008.

CT - Former police officer in Internet sex case asks for house arrest

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HARTFORD - A former East Windsor police officer charged with using the Internet to lure an 11-year-old girl to have sex with him is seeking his release from federal custody.

Thirty-eight-year-old Darren Seligman was in federal court in Hartford on Monday to ask for his release. His attorney is asking U.S. District Magistrate Judge Thomas P. Smith to place Seligman on house arrest with electronic monitoring. Defense attorney William Paetzold says a psychological exam has shown that Seligman would not pose a risk to the community.

Smith did not make a ruling.

Seligman was arrested in October and resigned Nov. 9. Court records show that Seligman, who lives in Mansfield, had been exchanging sexually explicit instant messages with the girl since September.