Friday, February 19, 2010

GA - Annual Registration - Deputies asking for personal information and other info not required by law!

Well today, I went down to the local sheriff's office for the annual registration, and while I was there, the deputy who was in charge of collecting all the information from me, asked me for my online e-mail addresses, user names and passwords, as well as the name of my mother, father and a close relative.

Well, I did not give them this information. Nowhere in the Georgia code (42-1-12), nor in the Senate Bill 157, does is ask me to provide all this information. Senate Bill 157 only asks for e-mail addresses and user names, but does not ask for the passwords (that is crossed out).

I asked the lady which passwords did she need, and she said "all of them! Any web site where you have a user name and password!" Well, that would include almost every aspect of the Internet, including my online banking account info, which they will never get, blog account and password, YouTube name and password, news web site names and passwords, forum names and passwords, etc!

Any why in the hell would they need my mother, father and a close relatives personal information? That is none of their business, and no law requires me to turn that information over. My family knows about my crime, but that is not the point! The point is about my privacy and my families, period. So they will not be getting my families personal information either. I'll take it to court if I have to.

The Georgia code 42-1-12 states: (click the image to enlarge)


And it defines "user name" and "user password" as follows: (click the image to enlarge)


And if you review Senate Bill 157, it shows the following, which you will notice the passwords are crossed out: (click the image to enlarge)


You can also see this article from the Southern Center for Human Rights, which also states the passwords are to be private and not collected by the police.

I have e-mailed them my e-mail addresses and user names, and asked if I needed to come over and give them the information in person, or is an e-mail sufficient. Anyway, as of right now, the deputy today wanted me to come back Monday and provide her with all the information she asked for. Well, there is no law that states they need "all my e-mail addresses, user names and passwords," or the "personal information of my family", so they will not be getting that info.


"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


The Trauma Myth - The truth about the sexual abuse of children, and its aftermath

Original Article

02/18/2010

Psychologist Susan Clancy reports on years of research and argues that it’s not sexual abuse itself that causes trauma but rather the narrative that is imposed on the abuse experience. In her controversial new book The Trauma Myth: The Truth about the Sexual Abuse of Children —and Its Aftermath she explains that survivors are often victimized not only by their abusers but also by the industry dedicated to helping them.

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"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


WA - Three Middle School Students Facing Criminal "Sexting" Charges

Original Article

02/17/2010

By Dana Rebik

Three teens could be forced to register as sex offenders for life for texting out a nude picture of a classmate at their middle school.

LACEY - Three teenagers in Lacey, Washington could be labeled sex offenders for life.

They're facing criminal charges for "sexting" a nude photo of a classmate around Chinook Middle School.

_____'s 13-year-old daughter is one of the teens charged.

"This could crash everything for her. This could ruin her whole life," says _____.

The girl in the nude picture told investigators she took the photo of herself and sent it to her boyfriend.

When they broke up, he allegedly texted the photo to other students.
- So is the boy being charged as well for distributing child porn?

_____ knows what her daughter did was wrong, but thinks she and the two other suspects aren't the only ones who should be answering for this.

"If that picture wasn't out there to begin with, we wouldn't have this problem. How do you charge one or two or three children with what they are charging them with and not charge everyone who was involved?" asks the mom.

What most kids don't think about before they "sext" is that in most states, including Washington, texting a nude or semi-nude picture of someone who's under 18 is considered child porn. If you're caught doing it you could wind up a registered sex offender for life.

University of Washington sociology professor Pepper Schwartz specializes in teen sexuality and says the conversation can be simple.

"If you send something out into cyber space you can never pull it back. You cannot control where it goes and it could come to haunt you literally forever," says Schwartz.

_____ is worried how this will all turn out for her daughter, but says if nothing else, this case can be a good lesson for all families.

"I think it does need to be out there that parents need to be a little more particular about what their kids are doing with their internet and their phones."
- Stop buying your kids phones with all the abilities, buy them a standard phone, period, then it won't be an issue!

In March 2009, an 18-year-old girl in Ohio hung herself after a nude photo of her was texted around her school.

Interestingly, her parents later supported a proposal to eliminate the sex offender label for teen offenders. Vermont and Utah are among the other states that have looked at lessening the penalty for "sexting".

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"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


MA - Convicted rapist cuts off ankle bracelet, rapes again (More proof GPS and the laws do not prevent anything!)

Original Article

02/19/2010

By Norman Miller

FRAMINGHAM - A convicted rapist from Framingham is again charged with rape after authorities said he cut off his GPS ankle bracelet and raped another woman yesterday.

_____, 29, of 20 Myrtle St., is charged with rape after he was arrested this morning at 2:50 a.m. He arraigned this afternoon in Framingham District Court and ordered held without bail pending a dangerousness hearing on Thursday.

Middlesex district attorney spokeswoman Jessica Venezia said _____ was convicted of aggravated rape, assault and battery and breaking and entering in January 2002. He was sentenced in Middlesex Superior Court to eight to nine years in prison and was recently released after serving eight years. He is registered as a Level 3 sex offender.

He was placed on a GPS ankle bracelet on Feb. 16 for one year after authorities alleged he violated his probation. As part of his release, he was supposed to remain alcohol and drug free

"We are alleging he cut off his ankle bracelet last night and attacked a woman,'' Venezia said.

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"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


MA - GPS tracking (ProTech) of sex offenders provides false security, and does not work!

Video Link | Original Article



"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


NH - House passes bill preventing communities from limiting sex offenders (Finally a state doing what's right)

Original Article

02/19/2010

By Aaron Sanborn

CONCORD — A bill that would prevent communities from establishing residency restrictions for sex offenders has passed the state House of Representative and is on its way to the Senate.

House Bill 1484, which would prohibit any political subdivision of the state from adopting an ordinance or bylaw that restricts the residence of a sex offender or an offender against children, passed the House without any discussion, according to state Rep. Beth Rodd (Email), D-Bradford.

Rodd proposed the bill in response to a district court ruling regarding Dover's former ordinance, City Code 131-20, which prohibited registered sex offenders from living within 2,500 feet of a school or day care center. Judge Mark Weaver ruled the ordinance unconstitutional in August after a 2008 challenge by the New Hampshire Civil Liberties Union.

Rodd said she is confident the bill will make its way through the state Senate and eventually end up in the governor's office to be signed into law because there has been much testimony about how such residency restrictions discourage sex offenders from registering.

"It's dangerous to restrict residency for sex offenders because it diminishes law enforcement's ability to track these offenders," she said.

The passing of this bill could be a blow to HB 1442-FN, which would bar offenders against children from living within 2,000 feet of a public or nonpublic elementary or secondary school or a child care facility anywhere in the state.

That bill will be on the House floor March 3, but doesn't have the support of the Criminal Justice and Public Safety Committee.

State Rep. Alfred Baldasaro (Email), R-Londonderry, sponsor of HB 1442-FN, didn't return a call seeking comment Thursday.

Rodd said she doubts that bill will make it to the Senate, as her bill already has passed.

The issue of sex offender residency restrictions began to garner statewide attention in 2008 when the NHCLU filed a motion on behalf of registered sex offender _____ to dismiss Dover's ordinance.

_____ violated the ordinance in November 2007 when he moved within 1,200 feet of a kindergarten on Locust Street. He was also charged with felony-level failure to register as a sexual offender for allegedly not notifying police when he moved from Portsmouth to Dover. The ordinance was ruled unconstitutional in August 2009 because it violated _____' equal protection rights and the city failed to prove the ordinance accomplished its intended purpose of protecting children.

"Even if the State could establish that restricting where convicted sex offenders live will reduce the likelihood that they will re-offend, the State has failed to show how a 2,500-foot buffer zone is substantially related to protecting children, as opposed to 1,000 feet or 500 feet," the ruling said.

Dover immediately stopped enforcing the ordinance after the District Court decision came out.

The decision only affected Dover's ordinance and didn't stop the towns of Franklin, Tilton, Northfield and Boscawen from enforcing similar ordinances in their communities.


"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


NE - New law could put tougher restrictions on sex offenders in Hastings (Another ex post facto law, pushing offenders who are low risk, to move, and possibly homeless)

Original Article

02/18/2010

By Anthony Pura

There are 59 registered sex offenders in Hastings, but only the most dangerous are restricted from living 500 feet from parks, schools, and daycares. A change in state law means all offenders, no matter the level are restricted and Hastings is looking to follow suit.

This is a map of where sex offenders in Hastings live. The red dots show the most dangerous in proximity to schools, parks, daycares. The Adam's County Sheriff's department has not updated it since last year when state lawmakers decided to treat all sex offenders the same.

"The mentality of the legislature was that we need to err on the side of caution, more than the inviduals potential rights," said Hastings City Attorney Bob Sullivan.

City Attorney Bob Sullivan is in the process of rewriting the city's definition of sexual predators to match that of the states.

"Our current definition of sexual predator is irrelevant now because the statute has changed. If we want the ordinance on the books we have to change parts of that ordinance so that we are consistent with the law," said Sullivan.

The Adams County Sheriff's department is in charge of keeping tabs on sexual predators. They are not sure how many sex offenders may have to relocate if the change happens.

"That is not something I have sat down or I believe the city has sat down and figured out yet," said Hall County Deputy Daniel Furman.

Sullivan said about 15 may be affected and he said there are exceptions.

"I think the effective date is still January 2006. Anybody that resided in that residence prior to that date would be okay," said Sullivan.

Those that have not, may be forced out.

The issue will be further discussed at the next city council meeting.

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"The best way to get a bad law repealed is to enforce it strictly." - Abraham Lincoln


WI - Fewer sex offenders in mental health treatment concerning

Original Article

The man mentioned in the video below, Gerald Turner, is the only person who has killed a child on Halloween. He is known as the "Halloween Killer," for his crime.

02/18/2010

By Tony Galli

MADISON - The number of Wisconsin's most serious sex offenders in secure, mental health treatment is declining and raising questions among Wisconsin lawmakers and concerned citizens.

Wisconsin is a state that allows serious sex offenders to be committed through a civil court process to an indefinite, mental health detainment after their prison terms are complete.

State Department of Health Services records show since 1994, 427 offenders have been committed.

But in recent years, annual commitments have declined from 39 in 2006 to 15 last year.

A CNN report estimates the annual cost of a sex offender's mental health commitment at $150,000, nearly three times the average, annual cost of imprisoning an offender.

The state corrections department plays a lead role in recommending serious sex offenders for proposed mental health commitments, under Wisconsin's Chapter 980 statute. An end of confinement review board assesses transitioning sex offenders.

In a statement, corrections spokesman John Dipko made no reference to the state's costs when considering a proposed sex offender commitment.

"We carry out this mission...through a rigorous, administrative and clinical system to identify sex offenders who meet the criteria for civil commitment as a sexually violent person."

"And they are, by statutory definition, sexually violent persons," said Sen. Mary Lazich (Email) (R-New Berlin).

Lazich said the passage of tougher laws on sex offender crimes in recent years has likely led to longer prison terms for offenders and fewer commitment requests.

Rep. Scott Suder (Email) (R-Abbotsford) said recent lengthening of the minimum sentence in child rape cases is a factor.

"This law has forced judges to sentence sexually violent predators to prison. While they might have eventually ended up in a mental health facility, I think 25 year prison terms is a more fitting punishment for these monsters."

Madison attorney Eric Schulenburg, who has represented offenders as they faced commitment, agreed tougher sentences probably contributed to the commitment decline.

"I don't share the alarm that fewer people are facing Chapter 980 commitments."

The mental health of sex offenders in commitment is examined annually. Offenders have opportunity to petition courts for discharge from commitment.

The Wisconsin State Journal reported, in 2007, only twelve offenders had been discharged from indefinite commitment.

Offenders in commitment fall under the jurisdiction of the Department of Health Services. DHS officials said as of last year, 53 discharges from commitment have taken place.

Lazich said she wants answers to the trend of discharges.

"Why are these people being released?"
- Maybe because some professional determined they are no longer a threat?  Is your ultimate goal to keep them in commitment forever?  If so, then say so!

"As a result of the evolution of risk assessment instruments, I believe that discharge is easier to pursue," Schulenburg said.

Schulenburg said evolving psychological standards more often show offenders no longer pose the level of risk that allows for life time, secure treatment.

One of the people discharged from commitment in March 2009 was _____, 61.

_____'s criminal history spans four decades and includes several episodes of sexual violence and the kidnap of a Madison woman.

Before _____'s discharge, he was approved for supervised release to a north side Madison neighborhood.

_____'s relocation was protested by nearly one hundred community members, including neighbor Sue Ellen Maguire.

Maguire said her opposition cannot be chalked up to a not-in-my-backyard attitude.

"He was a violent sex offender."

Court records show Dane County judge David Flanagan relied on examiner William Merrick's assessment of _____'s risk level in granting _____'s discharge from indefinite commitment.

Merrick cited _____'s good behavior, control over sexual deviancy, completion of treatment, and _____'s advancing age as factors in determining _____ was an acceptable risk.

"He is able to be discharged from his therapy," Merrick wrote.

In November 2009, Wilmar, Minnesota authorities arrested _____ for allegedly requesting a church tour from a 73-year-old woman, and then beating, raping, and robbing her.

"I was disgusted and sad, and angry at the judge who let him go," Maguire said.

Merrick has not returned a call seeking comment. _____'s attorney declined to discuss the case.

_____'s court proceeding involved only Merrick's examination results. The state was represented by the attorney general, and an assistant attorney general did not hire another examining expert and did not oppose _____'s discharge, relying on the sole examiner's conclusion.

Lazich said the _____ case was disturbing. "I need to know more."

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"The best way to get a bad law repealed is to enforce it strictly." - Abraham Lincoln


LA - Gov. Bobby Jindal to press for stronger measures against child sex abuse

Original Article
See this article as well
Another Article - He wants all sex offenders in Angola

This is the man who "claimed" he exorcised a demon from a woman, so why can't he exorcise the demons he seems to think are everywhere? How much you want to bet he runs for president next?

02/10/2010

By Robert Travis Scott

For the third year in a row, Gov. Bobby Jindal (Contact) announced initiatives Thursday to combat sexual abuse of children with harsher penalties and expedited investigations to crack down on offenders and child pornography.

He proposed legislation for the spring lawmaking session to stem the distribution of child pornography on the Internet, obtain tougher sentencing for perpetrators who solicit minors by computer and force forfeiture of certain properties of sex criminals.

"I want the message to the monsters that prey on our innocent children to be very clear: We will track you down, we will root you out, we will find you online -- and when we do we will punish you with every tool we have," Jindal said. "We will take away your freedom, your possessions, we will label you as a sex offender and we will do everything we can to keep you away from children."

The proposals would move Louisiana's standards closer to some of the stiffer federal penalties for the offenses, possibly giving more impetus for local law enforcement agencies to pursue cases in the parish and state courts rather than referring them to the federal justice system.

Jindal also proposed a significant budget and staff increase for the Internet Crimes Against Children unit at the state attorney general's office, the hub of Louisiana's law enforcement effort against child pornography and sexual predators of children.

"The idea is to make sure that in addition to having these laws, we have the resources to back these laws up," Jindal said.

A recent series of stories in The Times-Picayune showed that the magnitude and severity of sexual exploitation and abuse of children is far worse than the public generally has appreciated (what a load of crap, show me the proof!). Each month, law enforcement agencies identify several thousand computers in Louisiana distributing child pornography, much of it including rape and torture and demonstrating a trend toward very young children. But the agencies are limited by resources and can go after only a fraction of the criminal targets. Many of those child pornography cases also reveal instances of child abuse.
- Yeah right, limited resources, that is always the excuse, so they can call on the tax payers to further empty their pockets. Why don't you get Obama to bail you out? If you know who is doing this, this why not go arrest them?  What are you waiting on?  Or do they just exist in your fantasy world?

The governor already has championed more than a dozen new state laws on the issue, including the authorization of lifetime registration for sex offenders, doubling the minimum sentence for computer-aided solicitation of a minor, increasing the minimum sentence for molesting a juvenile by five-fold and criminalizing the hijacking of wireless routers for the purpose of transmitting child pornography.

His new initiatives target five areas of legislation, nearly all led by New Orleans-area lawmakers.

The first would revise existing laws defining child pornography distribution and provide stronger sentencing options. State law currently provides a two to 10 year prison sentence for child pornography possession. Jindal is proposing that prosecutors could seek prison sentences of five to 10 years for distribution and 10 to 20 years for production.

The legislation, which would be sponsored by Rep. Kirk Talbot (Email), R-River Ridge, would create a presumption that possession of child pornography, coupled with peer-to-peer computer file sharing software, is evidence of intent to distribute.

A second initiative would give prosecutors the option of seeking a seven to 10 year sentence if computer-aided solicitation of a minor results in actual sexual conduct, when the perpetrator is more than five years older than the victim. Rep. Ernest Wooten (Email), R-Belle Chasse, will carry the bill.

A third bill, by Rep. Joseph Lopinto (Email), R-Metairie, would create administrative subpoena authority for officers to submit to Internet service providers to obtain Internet service information about individuals suspected of child exploitation crimes online. It would reduce the current multistep process getting a subpoena checked off by a district attorney and judge. The legislation could arouse concerns from civil liberty advocacy groups.

A fourth proposal would allow agencies to seize property from a guilty perpetrator as a source of revenue to fight child sex crimes, similar to laws that allow asset seizures in drug crimes. Sen. Danny Martiny (Email), R-Kenner, is the sponsor.

The fifth plan would revise law on habitual offenders, which currently for sex crimes does not apply until third or fourth offenses. A bill by Rep. Jonathan Perry (Email), R-Abbeville, would increase the mandatory penalties for second offenses.

"We live in different times. The reality is, the first responsibility is certainly in the home where parents have to monitor what their kids are doing on computers, who they are interacting with," Jindal said. "But we as a society have a moral and legal obligation to do everything we can to protect our children from these monsters. As they change their tactics we certainly have to adapt our laws and our weapons as well."
- You also have a moral and legal obligation to uphold your oath of office, which is to uphold the state and US constitutions!

Mike Johnson, chief of the attorney general's high-tech crime unit, said he will look at the new budget proposal and determine its impact, but that of course the legislative process has only begun.

"That sounds wonderful; we will use it to the best of our ability," he said.

He said his limited staff is strained under maximum work pressure and that some of his computer equipment is running out of capacity to handle the workload. The unit conducts investigations and trains local sheriffs and police in Internet crime investigations.

Louisiana State Police also has a significant unit fighting Internet child exploitation and has made more than 120 arrests in the last two years for those crimes, an increase of more than ten-fold from previous efforts. Superintendent Mike Edmonson said that although his agency has cut its budget in several areas, that unit has been kept whole.

"If you're not involved in your child's life, somebody' else is," Edmonson said. "We see that when we go into these homes."

For the attorney general's office, the boost of $516,789 in state general fund dollars would allow seven new staff positions to combat Internet crimes against children within the high-tech crimes division, according to Jindal. The Legislature last year authorized the positions but did not appropriate the dollars to pay for them.

That money is contained in the governor's executive budget delivered last week to the Legislature, which could make changes when it revamps the spending bill in the legislative session that begins March 29.

Last year Attorney General Buddy Caldwell asked lawmakers to pass a law placing a charge on Internet customer bills to finance child protection and high tech crime investigations. The Jindal administration said the proposal would have been an illegal tax and it died in a Senate committee. Caldwell could return with the proposal this spring, but Jindal's financial boost to his Internet crimes unit would create a new wrinkle in the discussion.

Overall under the governor's proposed state budget for the next fiscal year, the attorney general's office is slated to get about $1 million less than this year from all forms of financing, including about $467,000 less from the state general fund. That is a milder cut than for many other state agencies, but the office already has endured steep budget cuts this year and has laid off more than 20 staff members. The attorney general's office currently is budgeted for $7.7 million in state general funds for the 2011 fiscal year, down from $18.8 million in fiscal year 2009.

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"The best way to get a bad law repealed is to enforce it strictly." - Abraham Lincoln