Tuesday, December 18, 2007

NY - Bill bans sex offenders from emergency shelters

View the article here

And they say these laws are not cruel and unusual punishment? Why don't you save some money, and hire police during storms? That would be the moral thing to do, but then again, this isn't about morals, is it? It's about punishment, therefore the laws are unconstitutional.

12/18/2007

Suffolk's sex offenders will not be allowed into the county's emergency shelters if a big storm or other disaster hits Long Island, once a bill legislators approved Tuesday becomes law.

The bill, sponsored by Legis. Kate Browning (Email) (WF-Shirley), requires the county to establish separate housing quarters for sex offenders for use in case of an emergency or natural disaster.

Sex offenders would be required to alert the shelter's manager to their status. The sex offender would then be transported to an alternate site, which Browning declined to identify.
- Why not? Might this be concentration camps?

Offenders who do not disclose their status would be subject to a $1,000 fine.
- I think I'd rather pay $1,000 then die!!!!!!!!!!!!!

County Executive Steve Levy said he will sign the legislation, but called it "obsolete" because the county already has plans for law enforcement officers to monitor its estimated 800 sex offenders in the event of an emergency.

"We don't want to send a bad message through a veto, but we've already implemented the concept," Levy said.

Levy said he does plan to veto two other bills legislators passed Tuesday.

One was a bill that would have the county take initial steps toward purchasing the Bavarian Inn site on Lake Ronkonkoma.
- Oh, in case of a hurricane, a lake is the best place. Are you insane? Apparently so.....

He said he also plans to reject a new effort by Legis. Vivian Viloria-Fisher (Email) (D-Setauket) to force the county to pay child care providers within 30 days of the provider submitting an invoice.

Legislators passed an identical bill in August, Levy vetoed it in September and an override vote failed by one vote.

"It's ridiculous to make taxpayers foot the bill to give this particular group preferential treatment," Levy said. "Some of the legislators don't live in the real world."
- If they are the ones who want the laws, then they should pay for everything.

Browning and Legis. Louis D'Amaro (Email) (D-North Babylon), Jack Eddington (Email) (WF-Medford), Wayne Horsley (Email) (D-Babylon) and Steven Stern (Email) (D-Dix Hills) all voted yesterday for the payment bill despite having voted against overriding Levy's veto in September. Each also voted to approve the bill in August.

Browning said Levy has had two months to make the payment system work and had not done so. She said she will vote to override a Levy veto.


SC - Sheriff Issues Internet Warning

View the article here

See the video at the end, for how this works.

12/18/2007

Newberry County (WLTX) - Google.com is one of the most popular search engines on the world wide web today. But one local Midlands sheriff is concerned about the safety of the website.

Newberry County Sheriff Lee Foster says that one of the enhanced features of a search on Google may tell those that prey on children exactly where those children live.

Foster is concerned about a Google search feature that allows you to enter a telephone number. Once the telephone number is entered, the search results will show the exact address of the telephone number and provide a map of that location. With another click of the mouse, you can get turn by turn directions to your home without you ever knowing it.

“This is absolutely scary,” said Sheriff Foster. “If a child or anyone gives their telephone number to the wrong person, they inadvertently expose themselves and their entire family to the threat of a sexual predator showing up at their home.

Foster said that sometimes children or adults give out their telephone number over the internet or have their telephone number in their user profile. Foster said that this is a very dangerous practice and that no personal information of any type should be given out or placed on the Internet.

Foster said that while he is certain that this was not the intent that the creators at Google had in mind, and that he could see many useful benefits for the feature, that it was important to understand how this or any other technology can quickly be turned into a useful tool for those who violate the law and prey on others.

While no cases have been reported in Newberry County of predators using this feature to seek kids, Foster says any time is a good time to be aware.

Now, if you want to find out if your phone number shows up, it’s very simple. Go to Google.com and type your phone number with area code in the search bar. If your phone number does show up with your address and you want to remove it, all you have to do it click on the phone number results and then click the removal form. According to Google, it takes about 48 hours to remove.

Unlisted land lines and cell phone numbers that are used as primary phone numbers are most likely will not show up.


LA - Jamie Lynn Spears Says She's Pregnant

View the article here | Comments | Wikipedia | Age of Consent is 17

On the front cover of a magazine, pregnant at 16. Wonder when the father will be arrested, or even if he will be? I doubt it. I find the comments very ironic. When it's a celebrity, everybody is ok with it. And if she was born April 4, 1991 like Wikipedia says, and she's 12 months along, then she was 15 when they had sex. Why did the doctor not report this to the police?

12/18/2007

Jamie Lynn Spears, 16-Year-Old Sister of Britney, Says She's Pregnant

Another Spears baby is reportedly on the way and it's not Britney's. Jamie Lynn Spears, the 16-year-old "Zoey 101" star and sister of Britney, told OK! magazine that she's pregnant and that the father is her boyfriend, Casey Aldridge.

"It was a shock for both of us, so unexpected," she said. "I was in complete and total shock and so was he."

Spears is 12 weeks along and initially kept the news to herself when she learned of the pregnancy from an at-home test and subsequent doctor visit, she told the celebrity magazine, which hits stands in New York on Wednesday and the rest of the country by Friday.

What message does she want to send to other teens about premarital sex? "I definitely don't think it's something you should do; it's better to wait," she told the magazine. "But I can't be judgmental because it's a position I put myself in."

After she found out from a doctor that she was pregnant, she said, "I took two weeks to myself where I didn't tell anybody."

"Only one of my friends knew because I needed to work out what I would do for myself before I let anyone's opinion affect my decision. Then I told my parents and my friends. I was scared, but I had to do what was right for me," she said.

Spears broke the news to her mother, Lynne, just before Thanksgiving, the magazine reported.

"She was very upset because it wasn't what she expected at all," Spears said. "A week after, she had time to cope with it and became very supportive."

Lynne Spears, already grandmother to Britney's young sons, told the magazine: "I didn't believe it because Jamie Lynn's always been so conscientious. She's never late for her curfew. I was in shock. I mean, this is my 16-year-old baby."

She said her actress daughter, the telegenic heroine of her popular Nickelodeon series, has known Aldridge for years and began dating him in high school.

But in a recent interview with The Associated Press, Spears said she had no steady boyfriend. "I kind of just keep my options open," she said. "I have a bunch of friends that I always hang out with, a bunch of guy friends." She declined to talk about her older sister.

Spears spoke to the AP shortly before Thanksgiving, the day she told OK! she informed her mother about the pregnancy.

Jamie Lynn plans to raise the baby in her home state of Louisiana "so it can have a normal family life."

Nickelodeon released a statement: "We respect Jamie Lynn's decision to take responsibility in this sensitive and personal situation. We know this is a very difficult time for her and her family, and our primary concern right now is for Jamie Lynn's well being."

A publicist for the network did not immediately respond to phone and e-mail requests for additional comment.

"Zoey 101" is scheduled to conclude its third season Jan. 4 with a cliffhanger episode in which Spears' character must decide whether to leave her fictional Pacific Coast Academy boarding school in California to join her parents in London.

The show is scheduled to resume in February, and its producer, Dan Schneider, has said filming on the fourth season has already been completed.


Beware of the love bot!

View the article here

12/14/2007

We've seen the reports on popular news programs and talk shows for years -- (cue Geraldo voice) men who pose as chivalrous mates to vulnerable women only to end up taking off with their savings, leaving a trail of broken hearts and emptied bank accounts in their wake.

Apparently, malware posing itself as a man has finally caught up to the real deal.

According to a report issued by AV software maker PC Tools, a new program has appeared in online dating chat rooms in Russia that advertises itself as an attractive male romance candidate, flirts with available females, and attempts to trick those ladies (and men?) who fall for its lecherous ploys into handing over their personal data.

Dubbed by the firm as "CyberLover," PC Tools researchers claim that the program can conduct "fully automated flirtatious conversations" before trying to lure people into handing over their details, or tricking them to visit malware-infested Web sites.

Based on the company's research into the program's authors, the researchers said that CyberLover is capable of building new relationships with up to ten partners in only 30 minutes (can any real man match that?).

The malware code writers claim of course that victims of the threat can't begin to distinguish the program it from a human being.

Beyond that, PC Tools submits that CyberLover represents a new breed of malicious program that can truly mimic human behavior during online interactions to carry out their nefarious schemes, one that the company said could become increasingly popular.

"As a tool that can be used by hackers to conduct identity fraud, CyberLover demonstrates an unprecedented level of social engineering," Sergei Shevchenko, senior malware analyst at PC Tools, said in a research note on the threat. "It employs highly intelligent and customized dialogue to target users of social networking systems."

Part of the danger of the automated lover is that it is "designed as a bot [robot] that lures victims automatically, without human intervention," the expert maintains.

The CyberLover software can also cloak itself in a number of personality types, including "romantic lover" to "sexual predator," PC Tools said.

Something tells me that the romantic lover iteration just might catch a few more flies than the one advertising itself as a sexual predator… but you just never know online, do you?

The program is also pre-programmed with a range of "dialogue scenarios" that involve different types of questions and discussion topics to be aimed at potential victims. The threat was designed specifically to recognize certain likely responses from chat-room users to further tailor its subsequent interactions, the researchers said.

I wonder how it responds to expressions like "what are you wearing," "how much money do you make," or the time-honored "leave me alone you predictable jerk."

PC Tools said that the attack also compiles a report on each person it interacts with which it funnels back to a remote source for safekeeping. The report can include information such as a victim's name, contact details and photo.

As part of its attack, CyberLover invites potential victims to visit its personal Web site or blog, which -- surprise, most often holds a nice drive-by malware infection for anyone gullible enough to end up there.

The lesson of the story is -- never trust what men tell you online.

Either that or -- if he seems to good to be true he probably is (a malware program).

Or how about -- try interacting with real humans, it just might be safer than trying to deal with them over the Web.

Maybe.

PC Tools predicts that CyberLover will wash up on U.S. shores by early 2008.

Keep a nose out for the smell of cheap cologne.


CA - Sex Offender Asked to Leave Hotel

View the article here

12/18/2007

Authorities continue to look for a permanent place to house convicted child molester Kenneth Rasmuson, but meanwhile it's difficult to find him even temporary housing.
It's been three weeks since he was released from Atascadero State Hospital where he spent two decades in custody.

The price for taxpayers is $5,700 a week to keep Rasmuson checked into various hotels throughout the county while "Liberty Health Care" continues to search.

The Super 8 Motel in Goleta says they never welcomed the sex offender and asked him to leave the moment they found out he was there on Tuesday. Hotel staff says their business was affected after word got out Rasmuson was staying there. Staff didn't know he was there because he checked in under an alias.

The manager for the hotel, Van Bivans, says Rasmuson was never any problem but his troubling past carries too much of a threat.

If authorities can't find a place for him to live in Santa Barbara county, they may go to court to see if he can be taken to another county.


CT - Man accused of exposing self at bus stop

View the article here

If this man is a convicted sex offender, prior to this article, how come he is not on the National registry, or the Connecticut registry? Unless they are misspelling the name? That tends to point that he was not a sex offender. Also, this did not occur AT a bus stop, but near one. I do not know all these details, only what is shown in this article. Why doesn't this idiot go into the house to urinate instead of outside? Idiot!!

12/18/2007

TRUMBULL — A convicted sex offender has been charged with exposing himself to three children at a bus stop last week.

Joseph Kallay, 49, of Twitchgrass Road, was charged with disorderly conduct and public indecency. He was released after posting $10,000 bond, pending arraignment Friday in Superior Court.

Three 12-year-old girls had just gotten off the school bus last Wednesday and were walking home on Twitchgrass Road when Kallay emerged from his house, pulled his pants down and began to urinate by the side of his house, police said. He looked up at the girls and they ran down the street, police said.

The girls said their parents had previously told them to be wary of Kallay because he is a convicted sex offender, police said.

Police said they later confronted Kallay, and while he allegedly admitted urinating by the side of his house, he denied exposing himself in front of the girls. He claimed he regularly urinates by the side of his house, police said.


OK - Sheriff's Deputy Caught with Handicapped Street Prostitute

Courtesy of the Video Vigilante


NY - Watertown sex offender law on hold

View the article here

This is NOT Nazi Germany. They use pink for gays, and other colors for other people, see the following. What will this solve? Isn't the registry good enough? If not, remove it from public view, which the public has proven they cannot handle, so how are they going to handle this? I can tell you from seeing the news over the last year or so. Video available at the site.

12/18/2007

WATERTOWN -- A Watertown City Councilor thinks he's found a better way to identify the homes of the city's sex offenders. But some say it might not work.

Jeff Smith has pitched the idea of placing fluorescent pink signs in front of the homes of level two and three offenders. He says it will better inform the neighbors of what's going on.
- Yeah right, you might as well place a bullseye on their chest!

But the city says it leads to problems like special ridicule and could result in offenders deciding not to register.
- You bet it will. It has done just this elsewhere who have similar measures.

Smith says the city needs to concentrate more on the victims and not the offenders.
- The city needs to work on preventing crime and paying attention to ALL peoples rights. This will only create more crime, IMO.

The city might vote on the idea at its next meeting.

"We lose sight of the fact that they're a danger to the rest of the community. What about the ridicule and self destruction and anything else you can think of that the victims go through,” said Smith.
- What about preventative measures and therapy? Placing a bullseye on them and constantly shaming and harassing them, will put everyone in danger, because more stress makes it more likely they will reoffend, and who is that helping? You are just looking at punishment and nothing else. Nobody is saying they should not be punished, but this is draconian.

Watertown Police Chief Joe Goss said the signs might also cause vigilante justice. He mentioned the recent fire at the apartment building on Academy Street where several sex offenders lived. He said someone might take it in to their own hands to start a fire as retaliation.
- You can also check out my blog in the following sections to see more of this first hand. Arson, Death, Harassment, Stabbed, Suicide, Vigilante. And you can also check out these blogs. Here, and here.


CA - O.C. woman guilty of molesting 4-year-old girl

View the article here

12/18/2007

A Rancho Santa Margarita woman was convicted Monday of repeatedly molesting a 4-year-old girl in a case that unfolded after authorities discovered a trunk full of homemade child porn movies in her home.

Sheila Marie Sikat, 28, and her husband, David S. Hwang, were arrested in 2003 after a tipster sent authorities a videotape of sex movies, prompting an investigation that led to the couple's home.

Hwang, 36, was sentenced to 50 years to life in prison after he pleaded guilty in October 2006 to 60 counts of child molestation.

Sikat was found guilty of 55 charges, including six counts of penetration with a foreign object of a minor under 14 years old, 13 counts of lewd acts upon a child, 10 counts of oral copulation, five counts of using a minor for sex acts and one count of sodomy, according to the Orange County district attorney's office.

Jurors deliberated for less than two hours. During the trial, they watched the tapes of the 4-year-old and an 8-month-old being molested.

When investigators searched the couple's home in 2003, they found inside a locked wooden trunk in the couple's bedroom closet 212 videotapes, some shot in Orange County and others shot in the 1990s in Texas.

The tapes showed Hwang molesting girls, sometimes with Sikat, or, in earlier years, with a former girlfriend. The girl at the center of the Orange County charges is seen in four of the tapes.

The couple molested the 4-year-old five times at their home in early 2001, producing nearly four hours of explicit content, according to the district attorney's office.

Prosecutors said that the couple deceived the girl's parents into letting them "baby-sit" her to practice their parenting skills, and that once she was in their custody, they gave her "medicine" that rendered her unconscious while she was molested.

Sikat, who will be sentenced in February, faces a maximum of 95 years in prison.

tony.barboza@latimes.com


VA - Gloucester man facing child porn trial kills himself in jail

View the article here

12/18/2007

GLOUCESTER - A Gloucester man facing state and federal charges of child pornography and child molestation killed himself in jail this weekend, days before his case was scheduled to go to trial in Gloucester County Circuit Court, according to Gloucester Commonwealth's Attorney Robert D. Hicks.

John P. Monahan, 43, was to go to trial today on nine counts of aggravated sexual assault of a child, one count of forcible sodomy of a child and one count of sexual penetration of a child. Monahan, who worked at Eastern State Hospital in Williamsburg, is accused of molesting three different children between 2005 and August of this year.

Monahan was first arrested in August after investigators found images of child pornography on his computer.

A Gloucester grand jury indicted Monahan on molestation charges Sept. 4, after an investigation conducted by the Gloucester Sheriff's Department and the FBI. On Oct. 11, a federal grand jury indicted Monahan on charges of producing and receiving child pornography.

If convicted of the federal charges, Monahan had faced a mandatory life sentence.

Monahan, of Hayes, was being held at Western Tidewater Regional Jail when he committed suicide, according to Mr. Hicks. He said the commonwealth's attorney's office dropped its charges against Monahan on Monday.


U.N. calls for moratorium on capital punishment

View the article here | New Jersey Bans the Death Penalty

This is not related to SO issues, but I agree with it. I do not believe in the death penalty at all. God said "Thou shalt not kill!" And he did not say it was ok in certain instances. God created all human beings, and if anyone kills anybody, it should be Gods choice, not ours, IMO.

12/18/2007

Resolution aims for eventual end to death penalty worldwide

UNITED NATIONS - The U.N. General Assembly adopted a resolution Tuesday calling for a moratorium on the death penalty with a view to abolishing capital punishment.

The vote in the 192-member world body was 104-54 with 29 abstentions.

The resolution is not legally binding, but it carries moral weight and reflects the majority view of world opinion.

The vote capped a heated debate in the General Assembly's human rights committee that continued before and after the final vote. It saw the United States taking the unusual step of siding with countries such as Iran and Syria in opposition to the resolution.

The resolution calls on those countries that still allow capital punishment to respect international standards that safeguard the rights of condemned inmates and to "establish a moratorium on executions with a view to abolishing the death penalty."

It also calls upon those who have abolished the punishment not to reintroduce it.

The resolution was co-sponsored by European Union states and 60 other countries.


MI - State trooper acquitted of Internet sex charges

View the article here

Another cop, another slap on the wrist. Guess it's all who you are and who you know....

12/11/2007

MOUNT CLEMENS -- A Macomb Circuit Court jury found a Michigan State Police trooper today not guilty of all 12 counts of using the Internet to solicit a minor and send explicit material to a minor.

Kevin Hardoin, 45, a suspended Michigan State Police sergeant, was accused of chatting with what he thought were 13- and 14-year-old girls who were actually undercover agents for the state Attorney General's Office and an undercover officer with the Wayne County Sheriff's Office.

Prosecutors say Hardoin engaged in graphic sexual conversations and recorded himself masturbating on a Web camera during the chats.

Hardoin took the stand Monday to defend himself, testifying that his chats were "fantasies" and role playing. He said he never solicited anyone to meet.

Jurors found him not guilty of seven counts of using the computer to accost and solicit a minor for immoral purposes, a 10-year felony, and five counts of using a computer to disseminate sexually explicit matter to a minor, a four-year felony, after less than four hours of deliberations.


WI - Former Falls woman gets six months for luring girls for fiance

View the article here

You see, this lady, who is just as guilty as the male gets a slap on the wrist. She did not actually molest the children, but she helped the abuse happen.

12/18/2007

By Eric Litke
Sheboygan Press staff

A former Sheboygan Falls woman who helped her fiance have sex with young girls and threatened them to keep the sexual assaults hidden was sentenced Monday to six months in jail and four years probation.

Monica R. Harcourt, 21, now of Burlington, was also ordered to register as a sex offender for the next five years and given a three-year prison term that was imposed and stayed, meaning she will serve the prison term if she violates the terms of probation. Those terms include undergoing counseling and having no contact with the victims.

"Her role was one of placing some of these underage females in a position where (Craig S. Hall) could take advantage of them," Sheboygan County District Attorney Joe DeCecco said prior to sentencing. He added that while Hall was the primary offender, Harcourt "must recognize that her actions are her responsibility, not someone else's."

According to a criminal complaint, Harcourt worked with Hall, 28, on numerous occasions to pressure girls to have sex with him, including an incident in July 2006 in which she lured a 12-year-old girl into a bedroom and left her with Hall, who forced the girl to have sex.

Two victims told police Harcourt threatened them if they told anyone, according to the complaint.

"By trying to influence these two victims … Ms. Harcourt made it possible for that criminal enterprise to continue," said Judge Terence Bourke, who sentenced Harcourt on felony counts of intimidating a victim and being party to the crime of causing mental harm to a child.

Hall was sentenced June 15 by Bourke to 35 years in prison after pleading no contest to three counts of sexual assault, four counts of sexual exploitation of a child and 10 counts of possession of child pornography. Police have said Hall sexually assaulted at least seven girls who were age 16 or younger.

DeCecco had recommended three years in prison as part of an August plea deal under which an additional intimidation charge and a count of being party to the crime of first-degree sexual assault were dismissed.

Robert Wells, Harcourt's attorney, revealed at the sentencing hearing that Hall initially came to Sheboygan Falls from Texas to pursue a relationship with Harcourt, whom he met on the Internet. Wells described her as both afraid of and in love with Hall.

Harcourt declined to speak at the hearing, but submitted a letter to the judge in which she apologized for her actions.

"She recognizes … that she was the one who could have stepped forward and should have stepped forward," Wells said.

DeCecco said Harcourt, whose only previous conviction was for resisting or obstructing an officer, fell prey to the influence of Hall, who he said could be very persuasive and charismatic.

Reach Eric Litke at (920) 453-5119 and elitke@sheboygan-press.com.


GA - Readers split on law

View the article here

12/18/2007

Judging by some of the calls and other comments I received about "New law as bad as old one," some people still believe that a real no-loopholes law is the key to keeping our communities safe from sex offenders.

Many people on the front lines disagree.

Under current legislation, sheriff's deputies and probation officers have spent countless hours and wasted scarce resources monitoring people -- such as Wendy Whitaker -- who pose no danger.

Whitaker was 17 when she had consensual oral sex with a 15-year-old boy. Both were sophomores in high school at the time. This was one act committed 10 years ago. Now Whitaker is among many others who are on the sex offender registry for having had consensual sex as teenagers, said Sara Totonchi, public policy director of the Southern Center for Human Rights.

"People with advanced Alzheimer's disease and people in hospice care are also on the registry and have been subject to eviction," Totonchi said.

Current legislation may also give some of us a false sense of security.

Close at hand

In 90 percent of child sexual abuse cases, the child knows and trusts the person who commits the abuse, reports Stop It Now!, an organization whose mission is to stop child sexual abuse.

"Residency restrictions and other recently enacted measures perpetrate the myth that the greatest danger to children is from strangers," according to the organization's Web site, stopitnow.org. "By misdirecting our attention in a way that has us singularly focused on stranger abduction, we ignore or miss the signs of child sexual abuse when it occurs.

"Most sexual abusers -- the ones we know about and the ones we don't -- are fathers, mothers, stepparents, grandparents and other family members (uncles, aunts, cousins). They're neighbors, baby-sitters, ministers, teachers, coaches, or anyone else who has close contact with our children."

Ever vigilant

This e-mailer agrees:

"I am a social worker in this area and I work in the field of child abuse and neglect. Families should be mindful of each and every person that comes near their children because family members and close friends of families are the worst culprits.

"They have a built-in excuse to be in the vicinity of children. I've seen it many times and hate to admit that I will surely see it again. Please remind your readers that even though a friend or family member may be the most trusted or most admired member of the family, that does not preclude him/her from being a sexual offender."

Mandated registration and surveillance of known sex offenders -- for all the good it does -- is not a panacea.

According to Stop It Now!, some 88 percent of sexual abusers are never reported. "So the police and the courts can't tell you about these sex abusers because they don't know who the abusers are."


IN - John B. Doe challenges law

View the article here

These sex offender residency laws violate the fifth amendment of the US Constitution for taking someones property without compensation, and also violate many other aspects of the Constitution.

12/18/2007

A Tippecanoe County judge must decide whether a state law that ordered a sex offender to move from his Lafayette home provides protection for neighborhood children or punishes the offender.

It will be the key factor in whether a lawsuit filed by the man, a registered sex offender known only as John B. Doe in court documents, can proceed in Tippecanoe Superior Court 2.

Attorneys for the defendants, Tippecanoe County Prosecutor Pat Harrington and Sheriff Tracy Brown, requested a hearing to dismiss the complaint. The hearing was Monday morning.

The attorneys argued that a recent Indiana statute prohibiting those convicted of sex offenses against children from living within 1,000 feet of a school, youth program center or public park is in the community's best interest.

"If the law saves one, two or three children from being molested in a year, then that's rational," said Deputy State Attorney General Robert Wente, who represents Harrington.

John B. Doe -- convicted in 2000 of child seduction and released from near a church that offers programs for youths.

He has three more years until he no longer must be listed on Indiana's Sex and Violent Offender Registry.

His lawsuit is one of three complaints filed in Tippecanoe County questioning the law that forced 28 offenders here to move or be charged with a Class D felony. Deputy Prosecutor Laura Zeman said Monday that all the offenders have relocated.

A hearing for one of the other Tippecanoe County lawsuits, this one filed by the Indiana Civil Liberties Union under the alias John Doe, also was held Monday in Tippecanoe Circuit Court.

John B. Doe's attorney, Earl McCoy of Lafayette, questioned the logic of the law, which took effect July 1, 2006. His client is allowed to visit his home, where he had lived with his wife and stepchildren for about six years, any time of day.

That includes daytime hours when children are headed to school, and afternoon when they are coming home.

"He can be there all day. He just can't sleep there," McCoy said. "Nothing about this law is protecting the children."

He also argued that the law constitutes punishment because, if John B. Doe settles in a new home, nothing in Indiana's statute would prevent neighbors from hosting youth programs such as Boy Scout or Girl Scout meetings.

"They can create a situation to oust a neighbor if they want to," McCoy said. "There's no guarantee. That's our concern."

Judge Thomas Busch, who is presiding over the complaint, also questioned whether the law is a step too far.

"Of course, there's extreme punishment where we could banish all of them to Australia or if you were to cut off the hands of a thief," he said. "But isn't there some point where even though the motive is protection of children, the action is punishment?"

Another hearing is scheduled in January.