Thursday, February 6, 2014

VA - Virginia Teen Girl Accused Of Posting Nude Selfies, Arrested For Child Porn

Sexting
Original Article

02/06/2014

By David Lohr

A 16-year-old Virginia girl is facing child pornography charges, after police say she posted photos of herself naked on Twitter.

Authorities received an anonymous tip describing the photos, which were posted to Twitter around Jan. 30. The girl, a student in James City County, admitted to posting "multiple" lewd photos of herself to the social networking website last week, according to police.

"One of our school resource officers made contact with her and her mother," Stephanie Williams-Ortery, a spokeswoman for the James City County Police Department told The Huffington Post.

"The young lady acknowledged that she had posted the pictures of herself [and] the mother acknowledged that the photos were of her daughter," Williams-Ortery said.

According to police, the girl, who has not been named, also admitted to sending photos directly to male acquaintances she was hoping to impress. She has been charged as a juvenile with felony "possession, reproduction, distribution, solicitation and facilitation of child pornography," Williams-Ortery said.

Not everyone in the community agrees with how police are handling the case.

"I don't think she should be charged with child pornography, because she is a child herself," parent Emily Altman told WAVY.com.

"That is distributing child pornography?" said parent Dometre Mobley. "She is a child."

However, because the girl is charged as a juvenile Virginia law would not require her to register as a sex offender, if she is found guilty, so long as she fulfills her obligations to the court.


CANADA - Convicted sex offender sues for brutal jailhouse attack at Calgary Correctional Centre

Original Article

02/05/2014

By KEVIN MARTIN

Staff at the Calgary Correctional Centre failed to adequately protect a convicted sex offender who was swarmed by fellow inmates, a $300,000 lawsuit claims.

_____ was serving a nine-month sentence at the Calgary jail in June, 2012 when he says he was attacked.

His claim alleges those in charge of the institution didn’t ensure his safety while he served his time.

They failed to intervene and protect _____ when the assault took place,” his lawsuit, which lists the jail’s director among the defendants, says.

They failed to sufficiently supervise the serving prisoners at the CCC, such that an assault against a fellow prisoner would not have taken place,” his statement of claim alleges.

They knew, or ought to have known, that as a serving prisoner he would likely suffer an assault at the hands of fellow prisoners, yet took no pro-active steps to ensure _____’s safety, or to isolate them from him.”

_____ was jumped by a group of four other prisoners on June 23, 2012, his claim states.

Court records show he was handed a nine-month jail term plus 18 months probation 22 days earlier in Edmonton, on a charge of sexual touching.

His lawsuit says _____, 50, suffered multiple injuries in the attack, in which he was struck several times in the head, chest and back area.

At one point during the assault he was held down by some of his assailants while others punched him, it says.

Because of his wounds _____ has been unable to work and now lives on Canada Pension Plan disability benefits, the claim says.

Statements of defence disputing the unproven allegations haven’t been filed.


LA - JACKSON v. STATE

Original Article

Excerpt:
On February 16, 1993, Jackson entered a plea of guilty to "Carnal Knowledge of a Juvenile" pursuant to La. R.S. 14:80. The conviction was based on Jackson, then twenty-three (23) years old, engaging in consensual sex with a female under the age of seventeen (17). Jackson was sentenced to three (3) years with the Louisiana Department of Corrections. The sentence was suspended and Jackson was placed on eighteen (18) months of active supervised probation. At the time of sentencing, it appears Jackson was not informed that he was required to register as a sex offender, nor was it listed as part of his probation. The probation period was successfully completed and Jackson was released from supervision on August 16, 1994.

On August 29, 1994, Jackson again engaged in consensual sex with a female under the age of seventeen (17). That encounter resulted in another plea of guilty to "Carnal Knowledge of a Juvenile" pursuant to La.R.S. 14:80. Pursuant to the plea, Jackson was sentenced to seven and one-half (7½) years with the Louisiana Department of Corrections. The sentence was suspended and Jackson was placed on five (5) years of active supervised probation. The requirement to register as a sex offender was made a condition of his probation, and Jackson registered as a sex offender on June 27, 1995. At that time, under La.R.S. 15:544, the registration period for sex offenders was ten (10) years. Jackson successfully completed his probation and was released from supervision on April 10, 2000.


CA - PEOPLE v. POSLOF

Original Article

Excerpt:
Defendant Poslof appeals his jury conviction for failing to register as a sex offender in Twenty-Nine Palms, in violation of Penal Code section 290, subdivision (g)(2).1 In a bifurcated trial, the jury also found true allegations that defendant had two prior convictions for lewd and lascivious acts upon a child,2 which [24 Cal.Rptr.3d 265] qualified as serious or violent felonies,3 and had served two prior prison terms and failed to remain free of prison custody for five years.4 The trial court sentenced defendant to a total term of 27 years to life in state prison.

Defendant contends he was unaware he had an obligation to register as a sex offender in Twentynine Palms. He therefore claims there was insufficient evidence to support the trial court's finding he willfully failed to register as a sex offender in violation of section 290. Defendant also contends the trial court did not properly instruct the jury on the "willfulness" requirement and compounded the error by giving the general intent instruction, CALJIC No. 3.30.

Additionally, defendant contends the trial court abused its discretion in denying his Romero5 motion and his sentence constitutes cruel and unusual punishment under the California and United States Constitutions.

Following our earlier opinion in this case affirming the trial court judgment, the California Supreme Court granted review. The Supreme Court has transferred this case back to us with directions to vacate our earlier decision and reconsider the cause in light of its recent decision, People v. Barker (2004) 34 Cal.4th 345, 18 Cal.Rptr.3d 260, 96 P.3d 507. Having done so, we again affirm the judgment.


MA - DOE, SEX OFFENDER REGISTRY BOARD NO. 29481 v. SEX OFFENDER REGISTRY BOARD

Original Article

Excerpt:
The plaintiff appeals from a Superior Court judgment that affirmed the denial of his request for expert funds and affirmed the final decision of the Sex Offender Registry Board (board) which, after a de novo hearing, ordered the plaintiff to register as a level three (high risk) offender. On appeal, the plaintiff essentially argues that (1) the hearing examiner's decision [84 Mass. App. Ct. 538] is not supported by substantial evidence, (2) a remand for a new hearing is necessary due to the bias of the hearing examiner, and (3) a remand is also required because it was an abuse of discretion to deny his motion for funds to obtain expert evidence to explain that he poses a lower risk of recidivism because of mental illness and his age (fifty-eight at the time of the hearing). Due to the bias of the hearing examiner, the decision of the board must be vacated and the plaintiff must be afforded a new classification hearing.


MN - STATE v. HANSON

Original Article

Excerpt:
In 1996, appellant Hanson was charged with rape, misdemeanor indecent exposure, and first-degree burglary in California. The rape charge was dismissed, but appellant was convicted of misdemeanor indecent exposure and first-degree burglary. On this basis, appellant is allegedly required to register as a predatory offender in Minnesota.

Appellant moved to Minnesota in 2004 and registered with the Minnesota Bureau of Criminal Apprehension (BCA) as a predatory offender. In February 2009, he was incarcerated for domestic assault. He was paroled in January 2010 and registered his change of address with the BCA in February 2010. In April 2010, he moved to the Cochran halfway house in Hastings, allegedly at the direction of his corrections officer, but did not register his new address. When asked by Cochran counselors, appellant twice denied being a sex offender. In June 2010, Cochran informed local police that appellant's corrections officer reported appellant as an unregistered predatory offender. Police met with appellant, who claimed that he thought his corrections officer had registered his recent change of address, as the officer had done in the past. Appellant's corrections officer advised the police that he had not registered appellant's change of address and that appellant was responsible for doing so. The state charged appellant with failing to register as a predatory offender.

Appellant pleaded guilty. The transcript of the guilty plea hearing reveals that the parties and the district court believed that appellant was required to register because he had been convicted of a crime in California arising out of the same set of circumstances for which he was initially charged with rape, and he violated the registration statute by lying to Cochran counselors about his status as a sex offender. Accordingly, appellant testified that he (1) knew he was required to register as a predatory offender, (2) never notified the BCA of his new address, and (3) falsely told Cochran counselors that he was not a convicted sex offender. The district court accepted appellant's plea and convicted him of the charged offense. This appeal follows.


WA - STATE v. GUERRERO

Original Article

Excerpt:
In 1983, Guerrero pleaded guilty to two counts of rape in the first degree and one count of assault in the second degree. Guerrero was sentenced in February 1984 by the Honorable James McCutcheon. The judgment and sentence was signed by Judge McCutcheon, defense attorney Wes Hohlbein, and Deputy Prosecuting Attorney (DPA) Jeff Baird. Guerrero was granted a 10 year deferred sentence.

Guerrero complied with the conditions of his deferred sentence, and his supervision by the Department of Corrections was terminated on March 18, 1994. In 2004, however, Guerrero was charged with failing to register as a sex offender. Although Guerrero was acquitted of this charge,1 his offender level was changed, he lost his job, and he subsequently encountered significant difficulties obtaining new employment.

Guerrero thereafter petitioned the sentencing court for an order dismissing the 1983 charges and for relief from the requirement that he register as a sex offender. Guerrero argued that the 1994 order terminating supervision by the Department of Corrections effectively operated as an order of dismissal. The State opposed Guerrero's petition.


The Fascists Are Coming! Registration Schemes Just Like 1930s Germany

Activist Central

Original Article

01/31/2014


Special guest: Dennis Sobin, award-winning activist, author and playwright Dennis Sobin entitled Sex Registrant: How I Ended Up on the Sex Offender Registry—for Life. Based on a true story, this is a side-splitting (and taboo challenging) musical comedy that deals with Sobin’s actual experiences with the Sex Registry.

But he dosen't take all of that by just laying around. He has now gone on the offensive: For example, at www.IdiotsRegistry.info you will find the names of politicians and public figures who have encouraged the creation of, or have refused to denounce, government registration websites that target citizens for harassment. In the tradition of Nazi registration of Jews and Gypsies and the Salem lists of alleged witches, modern government registries are unfair and un-American.

They seek to punish citizens, many of whom have been falsely accused or improperly convicted of violating minor sex- or drug-related laws, by placing them on website registries after those citizens have paid their debt to society.

If you know of politicians or public figures in your region who have encouraged the creation of, or have refused to denounce, government registration websites that target citizens for harassment, please let us know and we will add their names to this list. You can email these names to Staff@SafeStreetsArts.org. We invite you to preview a new musical comedy by award-winning author and playwright Dennis Sobin about the Sex Offender Registry www.SexOffenderRegistry.info also see his art website at www.SafeStreetsArts.Org.


OR - Third sex offender death in Oregon state prison probed

Prison Death InvestigationOriginal Article

02/05/2014

Oregon State Police are investigating the third death of a sex offender in as many months inside the state prison in Umatilla.

The Oregon Department of Corrections said a 31-year-old inmate at the Two Rivers Correctional Institution was found shortly before midnight Tuesday night and pronounced dead just after noon Wednesday at an area hospital.

No other information was released.

_____, 31, was serving a sentence for four counts of rape, two counts of sex abuse and one count of child sex for cases in Clackamas and Washington counties. His sentence began in June 2010 and his earliest possible release date was March 2015.

"As with all unanticipated deaths of state prison inmates, the Oregon State Police Criminal Investigation Division is conducting an investigation," said a news release from the Department of Corrections.

The prison houses 1,800 medium and minimum security male inmates. It opened in 2000.

Last month, a 39-year-old inmate was found unconscious in his Umatilla prison cell.

_____ was pronounced dead at a hospital almost an hour after he was found. He was serving time for sex abuse and sodomy convictions and had been in prison since July 2005.

In early December, a 67-year-old man serving time on marijuana and sodomy convictions died after he was found unconscious in his cell.

Prison staff found _____ alone in his cell at the Two Rivers Correctional Institution about 10 p.m. He had been in state custody since April 2010.

DOC officials did not release a cause of death in any of the cases.

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