January 03, 2005
Megan's Law Web-Surfing Crime Follow-Up.
Here are some links to posts from other blogs responding to the immediately preceding post:
And Marty Kassman (see comment on previous post) might be right when he speculates about the legislature worrying about sex offenders finding each other on the Web site and banding together. It has happened before: see People v. Bittaker, 48 Cal.3d 1046 (1989)
Posted by Jonathan Soglin at 07:58 AM | Permalink
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The Sex Offender Tracking Program is responsible for determining if any sex offender registrant who applies for exclusion from the Internet web site qualifies for exclusion. Registrants whose only registrable sex offenses are for the following offenses may apply for exclusion: (1) sexual battery by restraint (Penal Code § 243.4, subd. (a)); (2) misdemeanor child molestation (Penal Code § 647.6, or former section 647a); or (3) lewd and lascivious acts with a child under 14 (Penal Code section 288) or continuous sexual abuse of a child (Penal Code § 288.5), but only if the person convicted of section 288 or 288.5 successfully completed probation that was granted pursuant to Penal Code section 1203.066, subdivision ©.
DOJ WITCH HUNT
I was convicted in 1991 of one offense of 288.5 and completed probation. I have been posted on the DOJ website for this one offense, 15 years ago. I have registered every year and never been convicted of any offense. I have much remorse and have lived a clean and decent life. I am permanently disabled with advanced Multiple Sclerosis and cannot walk without the use of a walker. My wife lives in fear of being targeted in our rural community of a hate crime. The California Department of Justice has stated they will consider excluding me when they receive the proper paperwork. This has been arduous considering the offense is 15 years old. I support what the State of California is doing to educate the communities for safety purposes but I am not a threat to public safety due to personal circumstances, my severe disability and conviction history. My family is in danger of being threatened, intimidated and harassed. The victim of this offense which occurred 15 years ago may quite possibly to shown the Internet posting to her by my ex-wife which may be psychologically harmful and detrimental to her. The minor involved is now 18 years old. I have had no contact with my ex or the two minors for 10 years.
I received the letter from the California Department of Justice in late November. They requested original court documents with a raised seal and a certified copy of the probation report, gathering these documents within a month is impossible. I can only surmise the intention was to post to the Internet before given a chance for exclusion. I guess the 14th Amendment does not apply. My concern is for the implications to my family. They do not deserve to be ostracized and subjected to Hate Crimes. We have had several scary incidents already. My son has lost all his friends. My wife is in severe emotional distress. We support what the State of California is doing but in some cases, it is a witch hunt. My family is subject to threats, intimadation and harassment. The State of California must not believe anyone convicted of a single sex offense is capable of rehabilitation or reform. I have repented and been in compliance with the law yet I am plastered over the DOJ CA website as well as the DOJ US website. I was told whenever I registered I was considered "low risk". Please help my family so that we can live in peace in a Christian home. One offense, 15 years ago, completed all the requirements, always registered and have never committed another offense. Why not just put a brand across my forehead.
Posted by: MUDD | Jan 24, 2005 8:54:23 PM
I am mad as hell and not going to take this. The State of California has gone to the extreme. I am ashamed to say I am a native here. It is a police state now. This puppet of a governor had no clue what he was signing. Did he even bother to review what other States have posted, like high-risk, repeat offenders. Parents need to watch their children these days. They are responsible for their safety. Plastering my husband on the Internet after 15 years with one conviction is like a bandaid on a gaping wound. All this so called "operation sex offender" targeting was done indiscriminately. The State of California violated my husband's civil rights, spit on the 14th Amendment and put my son in jeopardy of possible hate crimes. To say nothing of propagating this offense concerning the victim possibly viewing this posting after 15 years. Come on, get real, fall into the ocean California where you belong. I am moving back to Nevada where at least individuals are afforded some rights. AND "I won't be back" Mr. Schwarzenegger.
Posted by: A WIFE | Jan 26, 2005 1:42:47 AM
As the wife of a "sex offender", I legally accessed the website. I have never even taken a library book. I received a poison phone call from a friend informing me of my husband being posted on the Internet. My husband was the molested as a child himself and that perperiator was never held accountable. This abuse led to this abberation fifteen years ago. Granted, their is no excuse for bad behaviour in my eyes, but circumstances do prevail. Being as mistrustful as Queen Victoria, I know my husband is not a pediophile. Hey, let the State of California have their burn them all at the stake. So what if my neighbors show up bearing torches. My husband is under the exclusionary rule except the Court records and Probation Report were destroyed in a fire in Nevada County. We were told we have no access to them. Touche California.
Posted by: Dawn | Jan 28, 2005 1:43:54 AM
I am also a sex offender but and I understand Jonathan and sympothize with you. I am a dedicated Christian and my wife and I have bible studies regularly in our home and we have 2 daughters and 2 boys..I even have a record clearance on from my conviction and they still haven't removed me from the website. I have prayed on this alot and my wife looked at the website and said there is thousands of sex offenders in every city. The legislature has violated all of our rights in the fact that this is not a protective measure it is correct in saying a Witch hunt.. The DOJ website is only used to harass sex offenders and violate their rights to be free. America used to live by the modo 'You do the crime you do the time' but life requirement to register is ridicoulous and is a voilation of cruel and unusual punishment and for someone like me with a record clearance is a true violation.I'm fighting it now but before they put the new Applied Digital chip in all sex offenders and brand us it is time we all sue the government for a violation of our right to live in peace. You don't see a DUI website where most crimes like that get repeated or gang bangers who sell drugs and go back on the street and sell drugs.. The problem is is that we are sitting back and because we are scared to get revealed of our past by the press for fighting against these laws we are sitting back and getting torchered by the government. God wants us to be free 'Those that are in the Son are free and are free indeed'. I know for me I have been exposed already to the public and my manager even addressed me the other day because a co-worker seen on the site. Now did that protect anybody.. 'NO' that just enabled me to get harrassed for a crime that happened 10 years ago and that I have a cleared record of.. It is time to fight. I have sent a letter to Arnold and the DOJ asking for removal.. If they don't my next step is a class action lawsuit.. Hopefully I can get a lawyer to contact every sex offender listed on every website in the United States to not only fight for the removal of all websites listing peoples past history which is a free background check past 7-10 years and the removal of sex registration period for life which is a penalty that the United States claims not to be a penalty.
Posted by: TJ | May 11, 2005 5:51:10 PM
Twenty years ago my fiancé was accused and convicted of Penal Code section 288(a) “Lewd and Lascivious acts with child under 14”. He served one year in a county work program (he continued to go to his job), went thru the sex offender treatment program and 5 years probation. The child in question was his stepdaughter who was about 4 or 5 at the time and was molested, but not by him. There was also a teenage stepson living in the same residence…..was he the offender, or one of his friends, probably? However, the child, in her visits with Child Protection Service, was somehow convinced it was her stepfather, and thus pointed the finger. Although my finance was adamant about his innocence, CPS removed the child from the residence and ‘in their infinite wisdom’ informed my finance that “the child would not be returned to the mother unless he pled guilty”. The only other alternative was a jury trial and since he did not want to put the child thru that kind of emotional stress, CPS got their way and he pled guilty to something he did not do so the child could return home to be with her mother. In other words, if he pled guilty, he could return to the home after serving his time and be in contact with the child; if he pled innocent, the child was removed from the home and put into foster care and he could have no contact with her; now how asinine is that! No wonder the System is so screwed up. So now he is a registered sex offender for the rest of his life (he’s in his mid-60’s now) and my address has just recently been put on the web site as his place of residence. We are in a small town, so of course this will get out and if we end up being the victims of harassment and/or property vandalism, etc., then I feel I will have to sell my home and move out of state away from my family or he’ll have to move out of my home. Other states only put you on their sex offender web site if you are considered a “violent” and/or “high risk” offender. When my fiance lived in the state of Texas, he wasn’t even required to register. So because of the strict laws in California, he and I are now victims. Although he just recently applied for Exclusion from the Sex Offender Tracking Program website, meeting every one of the requirements, we don’t put much hope in that ever happening.
Posted by: A fiance | Jun 5, 2005 4:06:19 PM
Registration is the "Scarlet Letter" of the times. For reasons beyond me, registration is politically correct. Sex offenders pay their debt to society...now, society dictates that they pay a lifelong interest on this debt; via registration. As far as I'm concerned, registration is a hate crime. Granted, some sex offenders remain likely to reoffend...it seems to me that the majority of sex offenders would live in fear of being rearrested. What a stigma...being labeled a child molester, etc. How would one overcome this stigma when it's politically correct to further stigmatize? Lawmakers are elected...being tough on sex offenders (most of whom aren't allowed to vote) buys a LOT of votes. I say that reoffenders should do an automatic life in prison. The thought occurs to me that at one time, it was politically correct to hate non-caucasians, jews, etc. What's happening to sex offenders is no different...society as a whole hasn't progressed very much...we're still looking to point the finger.
Posted by: been there... | Jul 15, 2005 9:50:23 AM
I can't believe what I'm reading. All of you perverts, sexual sicko's think that everything should be forgotten because you did your time or found god. I don't think so. You will NEVER go to Heaven. You will always be the way you are. Sick.
Posted by: Dani | Aug 31, 2005 8:49:25 PM
I'm not surprised by what Dani said. Some people are incapable of practicing common sense. They're so busy pointing fingers (in order to make themselves feel perfect) that they forget they're not perfect. It's a sickness: one that's recognized by the American Psychological Association. My psychiatrist says people like Dani are in denial. They don't want to accept blame for all the lies they've told, the hurt feelings they're responsible for, the thefts, the emotional blackmails, etc. They want to believe they're perfect, so they belittle everyone else down in order to enlarge their opinion of themselves. Dani, I wish you the very best in everything and I sincerely hope that you get over your mental illness. God bless.
Posted by: been there | Sep 7, 2005 3:59:25 PM
Florida's sexually violent predator civil commitment laws are some of the worst in the nation. There is no treatment available in it's civil detention centers. Convicts being released from prison are alleged to be sexual predators and sent to the old DeSoto prison, located in Arcadia,Florida...now called a "hospital". A lot of the detainees wait literally for years to have a trial to determine if they are indeed a sexual predator. Recently, a Florida Appeals Court ruled that the State has the right to file an appeal if a jury holds a detainee to NOT be a sexual predator. Q: Exactly how many appeals does the State get? Since there is nothing in the statute or in the recently decided case outlining the number of appeals, I imagine that the State will just appeal until it wins.
Even more amazing to me is the fact that most of these ex-convicts were designated by the Department of Corrections to be "medium custody"...meaning that DOC didn't feel they needed to be held in solitary confinement. Now, at Arcadia, these same detainees are deemed to be "high risk" and kept locked up in prison cells, even though their prison sentences have ended. The message sent by the State is that the DOC doesn't know what it was doing, yet the State hires DOC to provide security.
The point is...this law is draconian. No matter how disgusted you are by sex offenders, if you believe in the U.S. Constitution you must not allow any State to violate its tenets.
People like Dani post their comments in this forum...which is their right. Free speech is just one of the rights guarenteed by our Constitution. They chose to exercise this right while ignoring sex offender's rights...the SAME rights supposedly guarenteed by the Constitution. It doesn't take a rocket scientist to figure out that mentally weak people like Dani are abundant in this country...one of many signs that this country is going to hell in a handbasket.
Posted by: been there | Sep 24, 2005 9:00:47 AM
I was convicted in federal court of "sexual exploitation of a minor." I downloaded, along with adult pornography, child pornography onto my computer and was caught in a sting. I didn't pay for the stuff, didn't produce it, and didn't distribute it - I downloaded it. Was that wrong? Yes, of course it was. But I also never molested a child, raped a woman, did anything overt to anyone else. Can you say "thought police?"
The feds agreed that my addiction to pornography was an illness. I spent 3 of 5 years on probation, including I believe it was six months house arrest. I volountarily did and still do attend psychological treatment on my own, without a requirement of the state. However, I am required to register as a sex offender (level 1), get a driver's license every year (in Arizona they last I think like 10 or more years now) and live in fear that my conviction will somehow become public. I'm trying to raise two kids, have a family, get a job ... it's nearly impossible.
As bad as it is, the federal prosecutor (who is now the Governor of Arizona - Janet Napolitano, elected after convicting several people of possessing child pornography, suprise suprise) could have turned me over to the State of Arizona. If you're convicted here, you spend the rest of your life on probation, each picture you have is a seperate count, and you will probably spend the rest of your days in the Arizona prison system because of mandatory sentencing guidelines that prevent judges from, well, judging. While those who have no idea of reality continue to say that "all sex offenders are incurable" (sounds like "All Jews are subhuman," or "All Black Africans should be slaves," doesn't it?) and that we should all be wearing ankle braclets and have tracking GPSes in our cars.
Folks, the facts are this; first, it takes a lot to make the jump between viewing photos and doing the act. Second, most of the time the act is a one-time incident. Third, those who are really predators are getting away with not registering or hiding themselves in the crowd because the crowd's getting bigger and bigger as the politicians write more and more people as offenders into thier feel-good legislation that will get them reelected.
Considering what it takes to get on some sex-offender registries (many people who did things like get caught peeing in public or 18 year olds convicted of statuatory rape of thier 17 year old girlfriends are being retroactively registered - even a further violation of the Constitution!), pretty soon there'll be more adults ON the registries than OFF. What then?
Posted by: political puppet | Oct 6, 2005 12:56:59 PM
MUDD, I dont think Nevada would want you either. Stay in California, with other offenders. We dont want California to fall into the ocean Mudd...Just the offenders.
Posted by: L | Nov 16, 2006 10:54:45 AM
was it Mudd or The wife that posted that?
Posted by: L | Nov 16, 2006 11:56:11 AM
Megans Law in California is Unfair!!
Unfair to those of us who are FORCED
to REGISTER as a SEXOFFENDER every
single year for the rest of out life?
for 20 30 40 year old MISDEMEANOR
convictions?
The pasadena police refuse to register
manditory registrations ON TIME
now many of us are facing PRISON TIME
for a 30 year old MISDEMEANOR CONVICTION!!
this is totally unfair !!!!!!!!!!!!!
back in the early 1970s i was railroaded into
a false arrest wrongful misdemeanor sex conviction
in los angeles county california
in fear for my life or JAIL HOUSE RAPE i was
forced to take a guilty plea i was ionnocent!!
in 1996 the state of california made all former
sex convictions from check this out 1944 on to
have to REGISTER at the POLICE / SHERIFFS
stations every year on thier birthday !!!
on or about the year 2003 they finally caught up
with me and i did not know what was going on at
all!!
suddenly i was ARRESTED in rough hard HANDCUFFS
and on my way back to JAIL for failing to REGISTER
form that point on i am FORCED once every year to
go to the pasadena police station only to get
DELAYED and put off and told to go away even
after repeat APPOINTMENTS i am told everytime ...
''the lady who does that is not here'' !!!
and so what usually happens is my regestration s
are always LATE ''the pasadena police''
this last time i was ARRESTED and BOOKED for not
registering HELL I WAS TURNED AWAY FIVE TIMES !!
finally after 4 weeks i finally got to tha' LADY
now i face court AGAIN for something i did not do
back in he early 1970s !!!!!!!!!
WHERE IS THE JUSTICE HERE !! none for black men !!
and none for me !!
i may have to leave california when i become a old
man i do not want to have to do this forever!!
the state of california megans law is wrong!!
it must be reformed completely !!
i have never been charged or even accused of any
nothing like this ever since the 1970s
and i did not do what they said i did then !!
WHY AM I A SEX REGISTRANT FOR LIFE NOW !!!
WHY ???????????????????????????
THIS IS AN OUTRAGE !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Posted by: lincolnmontana | Apr 8, 2007 2:30:15 PM
lincolnmontana, Re-open your case. You say you were railroaded ? You ask were is the justice here? WRONG QUESTION !!!!!Megan's Law is excellent for those that do commit the crimes! I wish the law was harder than it is now. One offense and they are gone for life.
Posted by: L | Apr 12, 2007 3:55:15 PM
Someone asked above if they need to register as a sexoffender for the rest of their life.. The answer is YES! Still, I feel offenders shouldnt even be in our society. As, I stated above one offense, Gone for life screw a second chance. They get caught,put in jail, then they are sorry. Then they are quick to put the blame somewhere else, parents or neighbor did it to them.So, then the offened. SO SICK ! Oh ! Please. Register for life ! Im even for a gps system. A tracking system like an animal.
Posted by: L | May 31, 2007 2:48:55 PM
Unfair to those of us who are FORCED REGISTER as a OFFENDER
Megans Law in California is Unfair!!
Unfair to those of us who are FORCED
to REGISTER as OFFENDER every
single year for the rest of out life?
for 1944 MISDEMEANOR convictions?
The pasadena police refuse to register
manditory registrations ON TIME
now many of us are facing PRISON TIME
for a 30 year old MISDEMEANOR sex CONVICTION!!
this is totally unfair !!!!!!!!!!!!!
back in the early 1970s i was railroaded into
a false arrest wrongful misdemeanor past conviction
in los angeles county california
in fear for my life or JAIL FORCED RAPE i was
forced to take a guilty plea i was ionnocent!!
in 1996 the state of california made all former
sex convictions from check this out 1944 on to
have to REGISTER at the POLICE / SHERIFFS
stations every year on thier birthday !!!
on or about the year 2003 they finally caught up
with me and i did not know what was going on at
all!!
suddenly i was ARRESTED in rough hard HANDCUFFS
and on my way back to JAIL for failing to REGISTER
form that point on i am FORCED once every year to
go to the pasadena police station only to get
DELAYED and put off and told to go away even
after repeat APPOINTMENTS i am told everytime ...
''the lady who does that is not here'' !!!
and so what usually happens is my regestration s
are always LATE ''the pasadena police''
this last time i was ARRESTED and BOOKED for not
registering HELL I WAS TURNED AWAY FIVE TIMES !!
finally after 4 weeks i finally got to tha' LADY
now i face court AGAIN for something i did not do
back in he early 1970s !!!!!!!!!
WHERE IS THE JUSTICE HERE !! none for black men !!
and none for me !!
i may have to leave california when i become a old
man i do not want to have to do this forever!!
the state of california megans law is wrong!!
it must be reformed completely !!
i have never been charged or even accused of any
nothing like this ever since the 1970s
and i did not do what they said i did then !!
WHY AM I A FORCED REGISTER NOW?
Posted by: lincolnmontana | Sep 14, 2007 4:39:20 PM
