Monday, August 18, 2008

TN - TBI Aims To Add Juveniles To Sex Offender Registry

View the article here

This is just insane. Now instead of protecting children, this is going to ruin their lives, forever!

08/18/2008

NASHVILLE - Tennessee does not include juveniles who commit sexual offenses on its sex offender registry, and that could start costing the state federal money.

The TBI says the agency is going to push to have lawmakers change the sex registry law to include offenses by juveniles. The federal Adam Walsh Child Protection and Safety Act has a 10-percent reduction in federal law enforcement funding to states, that don't comply with the law by July of 2009.
- And this is what it's about, money, not protecting the children!


OH - Judge Rules Application Of Sex Offender Law Unconstitutional

View the article here

08/15/2008

MANSFIELD - A court ruling rendered earlier this week by a Richland County judge could affect classifications of convicted sexual offenders across the state.

Thousands of convicted sex offender in the state of Ohio call Senate Bill 10, or the Adam Walsh Act, a violation of their rights. Offenders claim the law is a second punishment for their crimes.

For the past eight years, Will Sigler was considered the least dangerous type of sexual offender. Then with one letter from the state, he was reclassified as a tier 3 offender, the most dangerous offender classified under the Adam Walsh Act, 10TV's Andy Hirsch reported.

The law required Sigler to register his home, work and school addresses every 90 days for the rest of his life. He was also subject to notifying neighbors that he lived in the area.

"Just simply despair," Sigler said. "I felt all hope was lost.

The fact that they can do that to people that, nearly a decade ago were sentenced for their crimes is beyond me."

On Monday, a Richland County judge ruled the application of the law unconstitutional. According to the judge, the bill was retroactive punishment that broke the plea agreement Sigler made eight years ago at the time of his conviction.

Resident Mike Valentine said the law should be about protecting families, and the state Attorney General's Office has agreed.

"They've committed the crime," Valentine said. "I've got kids, so I'd want to know, living in my area, who is a sex offender and who isn't."
- Read the darn constitution!  You cannot violate someones rights just to make you feel better.  If they do this, then your rights should be eradicated as well.

In similar cases, the state has argued that the bill is not retroactive punishment, claiming it is meant to "inform the public for its own safety, not to humiliate the offender."
- Yeah, this is easy to say when you are not the one living with the draconian laws.

Sigler disagreed.

"To actually live it, it's just as harsh a punishment as being in prison," Sigler said.

The Attorney General's Office said it was considering appealing the Richland County decision. A spokesperson also pointed out that numerous courts around the state have ruled that Senate Bill 10 is constitutional, Hirsch reported.

The issue will likely move to the Ohio Supreme Court.

Watch 10TV News and refresh 10TV.com for additional information.


FL - Sex Offenders in Florida are being told to live under bridges, but the state!

The first lady who speaks is assuming all sex offenders have harmed children, which is a myth. She's apparently been brainwashed by the news media! And the representative who calls sex offenders monsters, clearly is an ignorant man. Wait until his child or himself is slapped with a sexual crime and labeled for life.

Video Link


Also, Mark Lunsfords own son, Joshua, was convicted of a sex crime (see video below). And, at the time Jessica went missing, Mark's computer had child porn on it! So why is he not in prison for child porn?

Video Link


MO - S. 2632: Sex Offender Registration and Notification Retroactivity Correction Act of 2008

View the article here

This bill has NOT been passed yet, so contact him and anybody else, to voice your opinion on this unconstitutional law.  This clearly is a violation of ex post facto, and here is another idiot trying to make a name for himself.

His Website:
http://bond.senate.gov/public/

His Contact Form:
http://bond.senate.gov/public/index.cfm?FuseAction=ContactUs.ContactForm

S 2632 IS

110th CONGRESS
2d Session
S. 2632
 

To ensure that the Sex Offender Registration and Notification Act is applied retroactively.

IN THE SENATE OF THE UNITED STATES
 
February 13, 2008
 

Mr. BOND introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL
 

To ensure that the Sex Offender Registration and Notification Act is applied retroactively.
    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the `Sex Offender Registration and Notification Retroactivity Correction Act of 2008'.
SEC. 2. REGISTRY REQUIREMENTS.
    Section 113 of the Sex Offender Registration and Notification Act (42 U.S.C. 16913) shall apply to sex offenders convicted before, on, or after the date of enactment of that Act.
SEC. 3. AMENDMENTS TO TITLE 18.
    (a) Failure to Register- Section 2250(a)(2)(B) of title 18, United States Code, is amended by--
      (1) inserting `or has traveled' after `travels';
      (2) inserting `or has entered or left, or resided in' before `Indian country'; and
      (3) by inserting `, after conviction of the offense by reason of which the person is a sex offender as defined for the purposes of the Sex Offender Registration and Notification Act' after `Indian country'.
    (b) Continuing Offense- Section 2250 of title 18, United States Code, is amended by adding at the end the following:
    `(d) Continuing Offense- Failure to register or update a registration in violation of subsection (a) is a continuing offense for as long as such failure exists.'.


Kruska v. Perverted Justice Foundation & AbsoluteZeroUnited



This is a repost of an older article, which was removed, and this one is a little better, IMO. PDF documents have been saved here.

Posted July 16th, 2008 by Arthur Bright



Summary
Threat Type: Lawsuit Date:  01/10/2008
Status: Pending Location:  Arizona
Disposition: Dismissed (partial) Verdict/Settlement Amount: n/a
Legal Claims: Copyright Infringement; Defamation; Harassment; Intentional Infliction of Emotional Distress; Other
Jan Kruska sued several anti-pedophile organizations, including Perverted Justice Foundation, Inc. ("PJFI"), and individuals affliliated with those organizations, as well as domain registrar GoDaddy.com and social networking site MySpace.com, after the organizations accused Kruska of being...  read full description


Parties
Party Issuing Legal Threat:Party Receiving Legal Threat:
Jan E. KruskaPerverted Justice Foundation, Inc.; Xavier Von Erck; Christopher Brocious; Barabara Ochoa; Filmax Inc.; April Butler; David Butler; GoDaddy.com; Bob Parsons; MySpace.com; John Does 1-60
Type of Party:Type of Party:
IndividualIndividual; Organization; Large Organization; Intermediary
Location of Party:Location of Party:
ArizonaCalifornia; Ohio; Arizona; Tennessee; Oregon
Legal Counsel:Legal Counsel:
Jan E. Kruska (Pro se)Aileen Delcarmen Ocon, Marcus R Mumford, Peter B Morrison (Skadden Arps Slate Meagher & Flom) (for PJFI, Von Erck); Steven Gerald Ford (Alvarez & Gilbert ) (for Brocious, Ochoa); Robert Christian Billar (Leyh Billar & Associates) (for Filmax.com, Bulter, Butler); Robert H McKirgan (Lewis & Roca) (for GoDaddy.com, Parsons)


Description
Jan Kruska sued several anti-pedophile organizations, including Perverted Justice Foundation, Inc. ("PJFI"), and individuals affliliated with those organizations, as well as domain registrar GoDaddy.com and social networking site MySpace.com, after the organizations accused Kruska of being a predator, a pedophile, and pro-pedophile on various websites, including JanKruska.com and JanKruska.net. Kruska sued for defamation, copyright infringement, cyberstalking and harassment, intentional infliction of emotional distress, and violations of the Racketeer Influenced and Corrupt Organizations ("RICO") Act and the Digital Millennium Copyright Act ("DMCA") in Arizona federal court.
In August 2007, self-described journalist Kruska began to receive what she described as "venomous" emails after she criticized the overbreadth of anti-pedophile laws. Soon after, the Absolute Zero United blog and PJFI's Wikisposure and Corporate Sex Offender websites posted accusations that Kruska was a convicted child molester and a pedophile, according to the complaint. The defendants allegedly posted similar accusations on MySpace.com, as well as on websites JanKruska.com and JanKruska.net, both of which were registered by Filmax.com through GoDaddy.com. Some of the websites also allegedly posted personal information about Kruska, including her address, and photographs of Kruska that she says are copyrighted. In addition, Barbara Ochoa, aka Petra Luna, allegedly organized a protest targeting publishers of Kruska's writing, which Kruska said resulted in her articles being taken down. Further, Ochoa allegedly emailed Kruska, demanding Kruska remove her "entire web presence" or else face a "full scale activist attack" against her.
Kruska filed her complaint in January 2008. It sought damages and a preliminary injunction, barring the defendants from "disseminating claims that [Kruska] is a 'Predator', 'Child Molester', 'Child Abuser', 'Pedophile', and 'Pro-Pedophile' by postings on the internet, mass mailings, e-mails to friends, relatives, employers, business associates, among others; or otherwise by any other means making such suggestions."
In response, GoDaddy.com, Ochoa, and PJFI all moved to dismiss the case on jurisdictional grounds. In April 2008, Kruska voluntarily dropped her claims against MySpace.com. In June 2008, the court granted Ochoa's motion to dismiss, but gave leave to Kruska to amend her complaint against Ochoa, which she did. In July 2008, the court granted GoDaddy.com's motion to dismiss on the ground that CDA 230 precluded liability. The court also seems to have dismissed trademark claims against GoDaddy on CDA 230 grounds, which Eric Goldman notes is unusual.
Related Links:


Details
Website(s) Involved:Content Type(s):
Corporate Sex Offenders
www.jankruska.net (defunct)
www.jankruska.com (defunct)
absolutezerounited.blogspot.com
www.wikisposure.com
Photo, Text
Publication Medium:Subject Area(s):
Blog
Email
Social Network
Website
Wiki
CDA 230
Cyberbullying
Cyberstalking
Defamation
DMCA
Prior Restraints
Third-Party Content
Trademark


Court Information & Documents
Location of Filing/Threat:Source of Law:
Arizona United States; Arizona
Court Name:Court Type:
U.S. District Court for the District of Arizona Federal
Case Number:
2:08-cv-00054
Relevant Documents:
 Kruska's Complaint (01-10-2008)
 April Butler's Answer (02-27-2008)
 PJFI's Motion to Dismiss (03-21-2008)
 Order Dismissing MySpace (04-30-2008)