Monday, October 22, 2012

NJ - Former cop (Joseph Schubert Jr.) convicted of sex assault does not have to register as sex offender, court rules

Original Article

Of course not! Got to protect the good ole' boys. If this were the average citizen, they'd get prison time. So much for holding them to a "higher" standard! You will also notice, in many cases, when it's a police/probation officer, they withhold their photo, were your photo would be splashed all over the place.


By MaryAnn Spoto

BELMAR — A former New York City police officer who sexually assaulted his neighbor in Belmar more than a dozen years ago does not have to register for lifetime community supervision under Megan's Law because correcting his sentence years after he already completed it constitutes double jeopardy, a divided state Supreme Court ruled today.
- So what about all the other people who have had their punishment increased?  That is double jeopardy as well!  Laws are suppose to be applied equally to everyone!

Joseph Schubert Jr., 42, should have been placed under lifetime community supervision when he was sentenced for sexual assault in June 2000, but the trial judge in Monmouth County never informed him of this requirement in Megan's Law and did not impose it at sentencing, the state's high court noted it is 4-2 decision.

The state Parole Board discovered the judge's error in 2007, four years after Schubert had completed his three-year probation term. Correcting the illegal sentence, the trial judge in 2008 imposed the lifetime supervision provision, but Schubert appealed, claiming it violated his constitutional protection against double jeopardy because he had long completed his sentence. An appellate panel agreed it was double jeopardy.

Adopting the appellate division's conclusion, the Supreme Court said (PDF) today double jeopardy would not have applied if lifetime supervision was considered remedial to the defendant. But in the 27-page opinion written by Judge Dorothea Wefing, the majority on the court found the provision to be punitive, giving Schubert the constitutional protection.

Justices Helen Hoens and Anne Patterson disagreed, arguing the lifetime supervision provision is not punitive. With that finding, they said, the involuntary commitment of sex offenders to longer prison terms or indefinite sentences has been upheld by the courts as lawful would be considered punitive. In the 18-page dissenting opinion written by Hoens, they said it's long been established by the court that an illegal sentence can be corrected at any time, even if it increases the sentence for the defendant.

PA - Hey kids, you can have sex, just don't take and send naked photos

Original Article



HARRISBURG — Under state law, two 17-year-olds in Pennsylvania can legally have sexual intercourse, but they might soon face fines if caught sending naked pictures via their cell phones.

Legislation headed to Gov. Tom Corbett's desk would ban minors from engaging in the so-called practice of "sexting," in which individuals send naked pictures of themselves or others via cell phone or other mobile device.

Offenders could be subject to anything from a summary offense, which involves only a fine, to a second-degree misdemeanor, which carries a potential penalty of two years in prison and a fine of up to $5,000.

The bill prohibits judges from sentencing teens to prison if they are caught "sexting," and the second-degree misdemeanor would only kick in if the images were being used in an abusive way or to bully someone.

If signed into law, HB 815 will apply to individuals between the ages of 13 and 17, even though the age of consent for sexual activity in Pennsylvania is 16.

The state House voted 188-3 to approve the bill after it passed the state Senate by a vote of 37-12.

State Rep. Seth Grove, R-York, who sponsored the bill, said the law was a response to cases in which sexually explicit images were spread beyond the two people involved in the relationship. In York County, a "sexted" picture wound up on a sex offender's computer, he said.

"It's not just about two people in a relationship, it's getting out there," Grove said.

Under current law, "sexting" would be punished under child pornography laws — if it was punished at all — and since that is a felony, it would follow those teens for the rest of their lives, Grove said.

Since the new offense would be a juvenile offense, it would be eligible to be expunged.

If the picture involved someone younger than 13 or older than 18, it could still be prosecuted under child pornography laws.

State Sen. Mary Jo White, R-Venango, said the legislation was well-intentioned but ultimately harmful.

"I don't think these issues belong in criminal court," she said. "They're just kids being kids and being stupid. I really think we need to rethink this."

State Sen. Jim Ferlo, D-Allegheny, said the measure "makes no sense whatsoever in my opinion."

The bill also allows police to seize any cell phone used for "sexting" and hold it under the state's forfeiture laws, which eliminate the owner's right to the property.

See Also:

ID - Former probation officer (Daniel Darwin Orders) pleads guilty to sexual conduct with teens 16 or under

Original Article



Daniel Darwin Orders, age 32, entered a guilty plea Friday morning to two counts of lewd conduct with a child under 16 and one count of rape with a female under 16. He appeared before District Judge David Nye.

Orders resigned his position as an adult probation officer with Bingham County at the time the charges were filed.

There are actually two cases against Orders. The first was filed in 2011. In this case, Orders admitted to two actions of lewd contact with a minor child, age 14.

In the 2012 case, Orders admitted to statutory rape to a 17-year-old girl during the time period of Sept. 1, 2009 to March 1, 2010.

The victims were two different individuals.

In the lewd conduct case, Orders could possibly face life sentences on each count.

In the statutory rape case, Orders could be sentenced up to 25 years.

After pleading guilty, each defendant is asked if he or she made this decision voluntarily. After asking series of questions, Judge Nye concluded that Orders was "pleading guilty knowingly and voluntarily given."

Orders will be sentenced at 9:30 a.m. on Friday, Jan. 18.

The sentencing "could be a lengthy hearing," said defense counsel Scott Axline. "We need adequate opportunity to question any witness the state may present."

The judge ordered a psycho-sexual examination. The list of witnesses the state may present is due one week after the psycho-sexual examination. The judge also ordered a pre-sentence investigation.

Orders had been released on his own recognizance and this order will remain in effect. The no contact order also remains in place until his sentencing date in January.