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Archive for February 5, 2010

Oregon Sex Offender Terms Apply to Non-offenders

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oregonlive.com: Oregon sex offender terms apply to non-offenders.

Portland, Ore. – The Oregon Supreme Court ruled Thursday that the state parole board can treat some inmates like sex offenders after release from prison even if they were not serving time for any sex crime convictions.

The court said the state Board of Parole and Post-Prison Supervision can base those sex offender conditions on an inmate’s criminal history and background, rather than other crimes resulting in conviction. The ruling involved two inmates, one convicted of drug crimes and the other convicted of assault and weapons charges.

Read opinion here.

Pete Townshend Defends Against Sex Offender Criticism

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huffingtonpost.com: Pete Townshend Defends Himself Against Sex Offender Criticism.

Ft. Lauderdale, Fla. — The Who gave an energetic, acoustic preview of Sunday’s Super Bowl halftime show Thursday_ but things turned serious when Pete Townshend defended himself against some children’s advocates who say he should not be performing.

Townshend was arrested in 2003 in Britain as part of a child pornography sting but later cleared. He accessed a Web site containing child pornography but said it was for research for his own campaign against child porn. He was required to register as a sex offender, despite being cleared.

Because of that, groups like Protect Our Children have protested the choice of The Who, the legendary group featuring Townshend and Roger Daltrey.

But Townshend said he has been a children’s advocate for decades and alluded to his own confession of being abused as a child. “For a family that has suffered the issue of childhood abuse or anything of that sort, vigilance, common sense vigilance is the most important thing, not vigilantism,” he said. “Anybody that has any doubts about whether I should be here or not should investigate a little bit further.”

Sex Offender Evicted from His Home

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medinagazette.northcoastnow.com (Ohio): Sex offender evicted from home.

Medina — A man was evicted from Union Square Apartments after the Medina County Sheriff’s Office notified management that he is a registered sex offender.

Under federal law, convicted sex offenders cannot live in Section 8 housing, such as the Union Square Apartments, which is subsidized by the government. Rxxxx Dxx, 45, is registered as a Tier III sex offender with the sheriff’s office for a 1985 sexual assault a 16-year-old girl, according to the sheriff’s sexual offender database (25 years ago!).

The manager of Union Square Apartments, said she was unaware Dunn was residing there until she, along with every tenant in the complex, received a “neighbor notification” from the sheriff’s office on Wednesday that alerted her to Dunn’s status and address.

3rd Circuit Rejects Lifetime Internet Ban in Sex Offense

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Sentencing Law & Policy: Third Circuit rejects lifetime limit on internet use as supervise release condition.

A Third Circuit panel has again struck down as substantively unreasonable a supervised release condition putting a lifetime limit on internet use. The opinion in US v. Miller, No. 08-4278 (3d Cir. Feb. 5, 2010) (available here), gets started this way:

“Appellant Donald R. Miller was sentenced to thirty months’ imprisonment and a lifetime term of supervised release following his conviction for possession of child pornography and possession of marijuana. The District Court imposed eight special conditions of supervised release, including a restriction on internet access, mandatory computer monitoring, and a limitation on association with minors. On appeal, Miller challenges the duration of his term of supervised release and four of the eight special conditions. We agree with Miller that the lifetime limitation on internet use is a greater restraint of liberty than is reasonably necessary and that the restriction on his association with minors is overbroad. Accordingly, we will vacate and remand to the District Court for further proceedings consistent with this opinion.”

United States Court of Appeals for the Third Circuit, PA.

MI Homeless Sex Offenders Exempt From Registry

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publicbroadcasting.net– MI Judges: Homeless Sex Offenders Exempt From Registry.

Ann Arbor, MI (Michigan Radio) – The Michigan Court of Appeals has ruled that convicted sex offenders who are homeless do not have to register with the state.

The three-judge panel unanimously ruled that it would be impossible for a homeless person to comply with the law that requires them to report their address – if they don’t have one.

The case involved an Ingham County man who was convicted in 1984 of five counts of first-degree criminal sexual conduct and one count of kidnapping. The judges make it clear in their ruling that it’s up to the Michigan Legislature to add a provision for reporting requirements for the homeless.

People v. Dowdy: Ruling available at this link.