Friday, March 30, 2012

WA - 'Pimp bill' becomes law; new rules and steeper fines

Original Article

03/29/2012

By Matt Finn

YAKIMA - Anyone convicted of promoting prostitution will pay a lot more money under the law. House Bill 1938 became law Thursday.

"Larger fines. Anytime someone gets hit in the pocketbook, that's a deterrent," said Yakima City Prosecutor, Cynthia Martinez.

The current fines for first-time convictions of $300 will jump to $3,000.

Second offenses will be $6,000. A 3rd time offender will be charged $10,000.

The bill also requires pimps to register as sex offenders after their second conviction.

Prosecutors say having pimps being registered as sexual offenders will not only help them and law enforcement keep track of the criminals, it can also serve to help the public.

"I want to know who's living around me, and I don't keep that information to myself," Martinez said. "I think it's very good and I can tell you I use it myself and I know a lot of other mothers who use that information."
- You only want to know some of the people who live around you, or else you'd pass similar laws for all other criminals as well.

Yakima Police say they made around 40 arrests for prostitution in Yakima in the past year. Prosecutors say they handled 18 cases of prostitution or solicitation. Martinez says deterring pimps might lead to a decrease in prostitution rings.

"Arguably if you don't have pimps, you're gonna have less prostitutes," Martinez said.

All of the fees paid are required to go towards city and county sex-crime prevention, enforcement and awareness.


WA - U.S. v. WAHCHUMWAH

Original Article

Excerpt:
Wahchumwah was charged with, and convicted of, failing to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA). After we affirmed his conviction in a memorandum disposition, see United States v. Wahchumwah, 409 Fed. App'x 130, 132 (9th Cir. 2010), Wahchumwah filed a petition for rehearing and a motion to dismiss the indictment. The motion to dismiss was predicated on our opinion in United States v. Valverde, 628 F.3d 1159 (9th Cir. 2010), in which we held that SORNA was not applicable until August 1, 2008 for those individuals whose convictions predated the enactment of SORNA. See id. at 1160. Wahchumwah's conviction for a sex offense predated the enactment of SORNA and his failure to register occurred prior to August 1, 2008. Because SORNA did not apply to Wahchumwah prior to August 1, 2008, his indictment for a violation of SORNA's registration requirements was invalid.


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CO - PEOPLE v. BROOKS

Original Article

Excerpt:
Defendant, Lorenzo Brooks, appeals the judgment of conviction following a bench trial in which the court found him guilty of failure to register as a sex offender. Because we conclude defendant was not required to register as a sex offender in Colorado, we reverse the judgment of conviction. In 1994, defendant pleaded guilty in Harris County, Texas, to indecency with a child by exposure, Tex. Penal Code Ann. § 21.11(a)(2) (West 1994). He was sentenced to ten years in the Texas Department of Corrections; the record is unclear as to whether he served any prison time in Texas.


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KY - U.S. v. COLEMAN

Original Article

Excerpt:
Defendant-Appellant Jimmy Coleman entered a conditional guilty plea to traveling in interstate commerce and failing to register as a sex offender under the Sex Offender Registration and Notification Act ("SORNA" or "the statute"), 18 U.S.C. § 2250. He reserved the right to challenge the constitutionality of the statute. On appeal, Coleman contends that SORNA, as applied to him, violates the Ex Post Facto Clause and that it constitutes an invalid exercise of Congress's powers under the Commerce Clause. We disagree and AFFIRM.


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TX - STATE v. TOBER

Original Article

Excerpt:
The State of Texas appeals the trial court's pre-trial determination and finding of entrapment as a matter of law in favor of the accused, appellee, Anthony Tober. See TEX. CODE CRIM. PROC. ANN. art. 28.01 § 1(9) (West 2006); TEX. PENAL CODE § 8.06 (West 2011); see also Hernandez v. State, 161 S.W.3d 491, 497 (Tex. Crim. App. 2005) (listing the elements a defendant must establish to present a prima facie case of entrapment). We dismiss the State's appeal for want of appellate jurisdiction.


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LA - Louisiana Senate approves bill requiring witnesses to report sexual abuse

Original Article

Why only sexual abuse?  Why not any abuse to anybody?  After all, you want to protect children/adults, at all costs, right?  And why do you need to define "special reporters?"  Well, I'm sure, one day, it will become a law where if you do not become a spy on your neighbors, and report any crime to anyone, you will be thrown in prison.  Just wait, it's coming!

03/29/2012

By Jeff Adelson

Baton Rouge -- Senators gave overwhelming support Thursday to a bill imposing a sentence of up to five years in prison on witnesses who fail to report the sexual abuse of a child, a measure stemming from the Penn State University sex abuse scandal. Soon afterward, a Senate committee approved a companion measure aimed at preventing employers from retaliating against someone who reports such abuse.

Sen. J.P. Morrell, D-New Orleans, filed both SB 4 (PDF), which contains the reporting requirements, and SB 158 (PDF), which provides the employment protections, in response to allegations that Penn State assistant football coach Jerry Sandusky had been molesting children for years and officials had covered up for him. As facts about that case came to light last year, it was alleged that at least one graduate assistant witnessed Sandusky raping a 10-year-old boy and reported it only to others within the coaching staff. Sandusky is awaiting trial on several charges related to the child sex abuse allegations.

The reporting requirement, which passed the Senate unanimously, codifies and expands upon an executive order issued by Gov. Bobby Jindal after the scandal broke. The bill would impose, upon conviction, a five-year prison sentence and a fine of up to $10,000 on any adult who witnesses the sexual abuse of a minor and does not report it to authorities.

In addition, it would impose a penalty of up to three years in prison and a fine of up to $3,000 on any "mandatory reporter" who fails to report it. The bill includes an expanded definition of mandatory reporter to include school bus drivers, coaches, college professors, technical and vocational school faculty, staff members of colleges and vocational technical schools and administrators. Only teachers, teachers aides, counselors and others who deal with children are now mandatory reporters of sexual and physical abuse.

Morrell's other bill would give "whistleblower" protections to anyone who reports such abuse by a co-worker or superior, preventing an employer from disciplining, threatening, harassing or firing them for notifying authorities of the offense. Any employer found guilty of doing so would have to pay triple damages plus attorney costs and court fees if the employee was successful in a lawsuit.

Morrell told the Senate Labor and Industrial Relations Committee Thursday that the fear of reprisals could have prevented those involved in the Penn State case from reporting the situation to police. The committee passed the bill on to the full Senate without opposition.

SB 4 will now head to the House and SB 158 will head to the Senate floor.


OR - Portland officer (Scott Elliott) arrested, accused of child sex crime, luring a minor

Scott Elliott
Original Article

Why is it, when an officer is accused of a crime, most of the time, the article is usually very short and doesn't show the officers photo? If this were you or I, then our photo and complete life would be in the article.  I though we were ALL suppose to be "innocent until proven guilty" and be treated equally?  It seems if you have certain government jobs, that doesn't apply!  I wonder if Nancy Disgrace will be on this, or will she as well, ignore it?  I had to look around for the photo, since the reporter of this article failed to do so.

Update:

03/29/2012

PORTLAND - A 22-year veteran Portland police officer has been arrested, accused of online sexual corruption of a child and luring a minor.

Multnomah County sheriff's deputies arrested Officer Scott Elliott on the job on Thursday.

Portland police say the 50-year-old officer was put on paid administrative leave without police powers. They declined other comment.

Elliott was taken to the Multnomah County Detention Center with bail of $500,000.