New Sex Offender Laws Found Unconstitutional
WHAT: Nevada’s tough new sex offender laws which would have classified offenders by crime have been found unconstitution.
WHO: U.S. District Court Judge James Mahan found the laws unconstitutional. The Nevada Attorney General has less than 30 days to appeal. Let them know what you think about that by clicking here. To read the full story, click here.
October 13th, 2008 at 3:23 pm
The Supreme Court is correct. Otherwise you have the real predators hiding in the registries.
http://www.ojp.usdoj.gov/bjs/pub/press/rsorp94pr.htm
Highlights include the following:
* Released prisoners with the highest rearrest rates were robbers (70.2%),
burglars (74.0%),
larcenists (74.6%),
motor vehicle thieves (78.8%),
those in prison for possessing or selling stolen property (77.4%),
and those in prison for possessing, using, or selling illegal weapons (70.2%).
* Within 3 years, 2.5% of released rapists were arrested for another rape,
and 1.2% of those who had served time for homicide were arrested for homicide.
* The 272,111 offenders discharged in 1994 had accumulated 4.1 million arrest charges before their most recent imprisonment and another 744,000 charges within 3 years of release.
http://www.cfcoklahoma.org
US Department of Justice, 2003
http://www.ojp.usdoj.gov/bjs/pub/press/rsorp94pr.htm
• Sample size – 9,700 sex offenders
• Length of time – 3 years
• Re-offense trigger – reconviction (Doesn’t mean a new sex crime)
• Results – 5.3% sexual offence. 3.3% child molestation.
http://www.cfcoklahoma.org
October 16th, 2008 at 4:28 pm
Why do these people even have rights? Why are we not protecting our children? It amazes me that these people brutilize children, strip away their innocence and damage their souls and we still give them rights?? Where are the rights of the children they have abused? Why is it ok in our society to do this? Everyone says it’s time to get “tough”. Our elected officals promise us they will be. I can see that.
October 17th, 2008 at 11:33 pm
What’s unconstitutional is protecting these CHOMO’s and forgetting about the real victims…Not these predators….
October 24th, 2008 at 4:03 pm
The problem is that this law takes offenders who have already completed their sentences and served them but would be treated differently than other violent crime offenders. Some of these offenders are low to no-risk to re-offend and would be subject to their pictures and addresses posted online and being subject to retro-active penalties. Some could lose their jobs and homes because of something that they did 10+ years ago. These are real people that have families too. Not all sex offenders are rapists and child molestors.
October 25th, 2008 at 1:06 am
im sorry, MSLGW, i dont put robbers and theives anywhere near the same catagory as rapists and child molesters. obviously you do not have children because anyone that does and cares about them would want to know if this type of person lived next door to you or even in your own house…granted, i believe in second chances for people. but when it comes to child molestation or any kind of sex crimes…thats an individual that should not be within the general public…they dont get better, only worse. if you saw any of the polly klaas trial years ago…you would understand what im talking about.
October 28th, 2008 at 11:01 am
There are people who are innocent as well. The state of Nevada will put someone in prison for a sex crime because someone accused them of it. They are not innocent until proven guilty. I know this because it happened to my brother when he was 20. A 14 yr old girl liked him and told someone he touched her. She was taken to a hospital and checked and no physical evidence was found. My brother already lived in another state. He was brought back here and told that he would be get 40 yrs in prison for this girl saying this and that he should take a plea bargain and get 5 yrs. he would go to prison merely on the word of a 14 yr ol….but only in this state.He had a public defender only and he accepted their deal only because our Dad feared him going to prison for 40 yrs. My brother cried and said he wanted a trial because he did nothing. Once he was sentenced the girl said she lied to get attention from him. It was too late because he accepted a plea deal which bascially admits guilt wihtout saying it. Now, he will live with this for the rest of his life. How fair is that. The girl and her parents got away with ruining my young brothers life. I know that the same thing has happened to many people in the state of Nevada. There are sick people out there that should not be around our children but there are innocent people that this law affects as well. Thanks for reading.
October 29th, 2008 at 7:56 am
I have to agree with Sandra. Where are the “constitutional” rights for the victims?
October 29th, 2008 at 7:56 am
“Not all sex offenders are rapists and child molestors.”
WHAT??? What are they then???? Or better yet, what will they become???? Yes, rights for criminals. Unreal. Too bad public executions are gone, cuz these people should be hung by their………………
Starting with judge James Mahan.
I don’t give a crap if someone is classified as a low risk no risk re-offender, that’s just some idiots opinion, these people NEVER get better, only worse.
October 29th, 2008 at 1:14 pm
I have absolutely NO sympathy for sex offenders. No one cares about the victim anymore who suffered through an absolutely horrific, painful, and disgusting event that they are SENTENCED WITH FOR LIFE in mind and body. Making a sex offender register under the Federal ADAM WALSH Act is a FAR better treatment than the sex offender deserves and better than the treatment the victim recieves. No one thinks about the scenario these victims go through when they are violated. Seriously try to imagine what horrors a victim goes through and put yourself in their shoes. Where is the fairness balanced between offender and victim? It’s NOT!!! I don’t care if the offender is a man or a woman, wrong is wrong PERIOD. The offender made all the choices for themselves and thier victims. Too bad so sad that sex offenders LOOSE their own EGO and CONTROL for once via the people of the United States Vs Sex Offender. I have no doubt the Federal Law will continue forward whatsoever.
October 31st, 2008 at 6:29 am
Mel, so what you are saying it, we should judge everyone in a “group” by the actions of one individual? so all republicans should be judged by the actions of Dubya? And all democrats should be judged by the actions of that female senator in MA that just got caught accepting bribes? Or how about all cops get judged by that detective in Chicago that was torturing suspects to get confessions? If you took your head out of your butt and came up for fresh air, you would understand what I’m talking about.
November 5th, 2008 at 10:37 am
to deal with individuals with so broad a brush is what is unconstitutional, treating the 18 year old that had consentual sex with a 16 year old (or what would have been two years later) the same as the serial pedophile is wrong, The long held myth that once and offender always an offender has pretty much been disproven with only a 4% repeat rate of incarceration. What really needs to be done is a comprehensive review of the sex offender laws, so that we clearly identify the 4% and insure they are tracked, treated, incarcerated and sociaty is protected against them, while at the same time bring back into sociaty the 96% whom made a mistake and have payed for it in a way that both monitors them, and allows them to funtion. The day of the scarlet letter and branding are over,
January 11th, 2009 at 5:41 pm
Where are the victims rights? They had their day in court. that was their right. They got the person put away and punished. That was their right. Where are their rights? They had their rights and now its done.If a doctor makes a mistake and harms you in some way you have the right to sue. If you hit someone with a car and your at fault they have the right to sue and or have you jailed. I would think if you hurt them they also could suffer from this for the rest of their life as you say. So we all have rights. WE ALL HAVE RIGHTS.
January 27th, 2009 at 5:05 pm
I am a sex offender. My offense happened 11 years ago, and I am still being judged. I was 18 and my girlfriend was 15. When I broke up with her, her parents got mad that I broke their daughters heart and took me to court. I didn’t mess with no kid, nor did I rape anyone. So don’t judge someone until you know them, that is God’s job to judge, not ours! I have a wife and 2 kids and one on the way, I feel like my rights were taken away when they passed this new law, because I have already did my time and now it is like I was convicted again….which means double jeapordy.
March 1st, 2009 at 11:36 pm
You guys are idiots, sheep who only listen to what corporate news tells you. Not all sex offenders are child molesters and rapists, what else are they you say!? Well you can get on that list for taking a piss outside or for even grabbing a a teen. Where is the fairness in that? You idiots don’t even look at the crime OR the date. I am on that list for something I did when I was 13. 13! How is a 13 year old a child molestor? I just hit puberty and got curious im not some sicko trying to molest kids. There are MANY cases like this but go ahead and live in your sheep world and believe everyone on the list is a pedophile/rapist.
March 11th, 2009 at 3:52 pm
I am a registered sex offender and was charged as a juvenile. I have did my time and now one of the victims that accused me of doing this is going back and recanting her story. I was told that I would have to register for 10 years and now have been told that I have to register for life. On top of that The Department of Public Safety has sent me an email requesting that I only can talk to one person over there. Where is the rights. People are accused of things that they don’t even do and yet everyone judges them. I have been out for seven years and have not been in any trouble. I have tried to get my life together and yet that hasn’t happened because every one judges. I have done my time. So how can Iowa get away with so much. They tried charging me when I was 11 years old and couldn’t so they waited until I was 16. How is that fair. Does murderers and drug dealers have more rights then sex offenders.
March 12th, 2009 at 7:39 pm
The problem is the broad definition of “sex offender”. Do you believe that if my 13 year old son is looking at pictures of a 13 year old girl, he should fall in the category of a sex offender? Yet, that is exactly what happens. I am so terrified of the possibility of my son getting pictures from any of this little girls wanting to expose themselves. Just like the rest of you morons out there, I TOO want to protect my child…… from the stupid laws that could land him in jail.
March 12th, 2009 at 7:43 pm
These laws have gotten so out of hand and outrageous, that now we find ourselves protecting children from children. Kids as young as 8 years old want to be accused and prosecuted as sex offenders, what is the logic in that?
April 9th, 2009 at 7:02 pm
Anon, you are so right!! I am the mother of a young man who will soon go to jail for a similar situation. People who think sex offenders are all child molesters and rapist are wearing blinders and living in cruel stupidity. The sex offender registry is one of the cruelest most unconstitutional laws I have ever seen. It’s like a Massachussett’s witch hund and hanging. Isn’t there anyone with a powerful voice out there who will stand up for all of these poor young men who are victims???
May 3rd, 2009 at 2:22 pm
I have a 30 year old son who was 18 at the time and though I did not side with him in is actions 10 years ago ( he did something wrong and was punished for it )
He had sex with his girl friend who was 5 years younger ( her parents lie to him about her age as well as she did ) There was a drug problem with both her parents and my son and it led to his arrest. Serving 7 years in jail and 3 years on probation. The laws keep changing and they retroact them to inclued any and all they can to keep them on the list. The girl contacted him while in jail and after he got out.
The laws now make inpossible for many sex offenders to find homes and jobs and most of them are homless so who knows where they are.
The laws need to be re addressed time should fit the crime.
In Delaware not one sex offender has been let off the list unless they have died. They are even opening up cases from other states for minors after their courts say their recourts are sealed.
May 12th, 2009 at 7:38 am
Of the 3% of sex offenders that go to jail again only 1% is a repeat sex offense. Most of the 3% commit a different non-violetn crime or don’t register. Of all the studies done it was on recidivism done before the “lists” were made into law.
I am a victim of molestation as a child. I am a well grounded and contributing adult to society. I am saying this to let you know I am a victim of a crime and still feel this way.
The sex offenders list will harm more children than protect. There is no evidence the the list has protected one child.
I am urging everyone and their families that are being hurt by this. To write your congressman. Have your children, friends and family write!! Let them know they are hurting more than helping.
I pray everyday that more children are put on the list for “sexting” and more reporting happens of “sexting”. Then the stupid idiots out there that think this protects the children will see reality. I am also sure that everyone of you that commented that they should “die” and they deserve rights. Look at the list and say we don’t have any boogie men in our neighborhood so lets have my kids run around unsupervised.
Well guess what over 95% of children are moletsed by a FAMILY MEMBER!!! or close personal friend. Get a clue people!
I live in fear everyday that someone will take my husband and my kids father away. That they will use this list to hurt/kill him. He will lose his job and our security.
PLEASE ALL VICTIMS OF THE LIST WRITE OPRAH, LOCAL NEWS AND CONGRESSMAN. FLOOD THEM WITH LETTERS NOW!!!!
June 8th, 2009 at 6:49 pm
In 15 years there have been NO documented cases where the registry has save one child. NOT ONE CHILD. It has costs millions of tax payer dollars. It has costs thousands of families to suffer. It has costs thousands of victims, that would perfer no one knew of the crime or the perpetrator because it was a family issue, to suffer, to be humiliated, embarased and wont to die. Thousands of Sex offenders have been taunted, vandalized, attacked and killed. The registry has grown from child predators to streakers, public urinators, experimental children, even families who have nude photos of there own children. AND YET NOT ONE CHILD IS SAVED!!!!! NOT ONE!!!! WAKE UP!!!! Sex offenders have proven that they have a low reoffense rate. Sex offender treatment has been proven to work. Repeal the registration and put the money in to rehabilitation.
June 20th, 2009 at 1:41 pm
Some of you are screaming…
“victims rights, lets kill all the sickos and safe our children…”
First of all I am a victim of molestation that occurred for over 6 years of my childhood. It started at the age of 6. You do the math. As a man, I have very bad anal problems to this day and I am 44 years old. I may have to ultimately use a bag because it is getting worse.
You may be thinking…”oh my goodness…” but I tell you the truth. I don’t care what you think. I will never hate the person who did this to me in a million years. And if I can forgive him. Then in my opinion you don’t have a right to open your FUC&%$G mouth to say a cruel word about anyone. That should be up to the victim and the victim alone. How is this a crime against society? SO NOW I AM NOT A VICTIM ANY MORE. I thought it was a crime against me. I am so sick of you hypocrites. Just like Jesus said hypocrites, scribes and Pharisees.
Who are you to pick up where I left off. remember I am THE victim. and I have rights. AND it is my right just like so many others to forgive. Who are to to take my right away and take judgment into your own hands. When you tell me it is a crime against society and not a crime against me. You are taking MY RIGHTS AWAY as the victim!
You claim “they only get worse, not better”. CITE your claims. they are false. YOU ARE A LIAR! Before you make these false accusations you need to do your research. The recidivism rate of sex offenders returning to prison for another sex offence is almost below the charts. If I were a wealthy person I would find the best avenue to take all of you into the highest court of the land and have you hung! making false claims such as these are blasphemous. AND inciting a riot, or which hunt as some are familiar with. WHICH IN AND OF ITSELF IS ILLEGAL. so put yourself on the cover of every magazine as a murderous liar and a thief.
Sex offenders are not what you think they are period. They are people who made terrible choices and now… they have to live with that. Just like me.
My GOD how will feel if someone else starts a fight for me with someone I don’t want to fight with. WE have made amends. And having said that. If I am able to forgive him. then he should not be required to register as a sex offender.
September 16th, 2009 at 3:44 am
So much hatred in this country. Why was it satisfying to hang witches. The “righteous” public of Nathaniel Hawthorne’s “Scarlet Letter” seemed to get a sadistic pleasure from seeing another human being shunned and marked for life. A wretched soul finds refuge in a soul more wretched. Leave these people alone. Haven’t they served their time. Have you ever longed for a second chance. We are all made from the same stardust.
September 16th, 2009 at 10:23 am
This country is paralyzed by fear and hatred. I believe there exists some primal need to extract vengeance. Someone must pay dearly for the wrongs and sadness we must endure along this journey. That same,almost innate need to make others pay for our pain led our species to execute witches, have others parade around wearing a scarlet letter and stake men to wooden beams to die in the sun. Has our civilization progressed beyond our medieval ancestors or have we only devised new and more creative torture methods. The sex offender registry is horrifically barbaric. Either these people have paid for their crimes or they haven’t. Whatever happened to the second chance. Have you ever longed for a second chance in life. We are are created from the same stardust. Two wrongs will never make one right
October 29th, 2009 at 2:29 pm
I was downloading an ADULT newsgroup on Yahoo with a newsgroup reader. Some jerk posted 13 child porn images on this ADULT newsgroup (this was in 1999). Thankfully my state keeps these offenses private, so I was able to get therapy for porn addiction, and move on with my life. Now Adam Walsh comes along, and says I need to be branded a Tier II ‘dangerous predator’ for the rest of my life?
Please, there is no common sense here. Nothing about my individual case is even looked at, but for the next 25 years I’m branded a public menace? There is NO sense to this.
I’m all for hanging child rapist, but the Jaycee Dugard case more than proves we are diluting the sex offender registry too much. Non dangerous people need to get off the registry after they have completed rehabilition.