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A Judicial Protest Against Expansive Sex Offender Registration

Sex offender registration began as a way to keep track of predators. Eager to appear tough on crime, many state legislators have pushed to expand registry membership to include sex offenders who are unlikely threats. Young adults who have sex with their minor girlfriends or boyfriends exemplify the kind of defendants who pose no threat to the general population, and who do not deserve the stigma of sex offender registration.

A judge who agrees with that reasonable philosophy tried to mete out justice to a 20 year old defendant by staying his felony conviction for 100 years, a creative way to assure that the young man would never have to register. The judge probably knew he’d be reversed – and reversed he was – but the judge at least made a statement that caught the public’s attention.

[Judge] Kirk said Thursday his opinion of the sex registry requirement, because of its lack of discretion, remains unchanged. ... "It is a travesty in my opinion that we are destroying a significant cadre of our young people because the law doesn't discriminate between those that are there because of youthful misadventure or those that are true sex offenders," Kirk said.

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    neo Dark Ages (none / 0) (#1)
    by Sumner on Mon Feb 05, 2007 at 08:07:13 PM EST
    First, it's important to remember that it's winter.  The pogroms rage most savagely in the cold-weather months, against sex, porn and nudity.

    The hysteria, the panic, the insanity of this religious fundamentalism masquerading as law, is a clarion call to wake up to the horror. Truly we have regressed back into the Dark Ages before the Enlightenment.

    Science and Medicine have been co-opted into vehicles preaching the sermon of the corporate-church-police state.

    Corporate Media is alarmed that they are losing exclusivity to control the minds of the masses.

    Tomorrow starts a new assault on the Internet with a newly contrived message of fear and hysteria. MY GOD! WHO WILL PROTECT THE C H I L D R E N ? ! ! !

    Many of the zealots have already announced that theirs is a worldwide campaign to raise the age-of-consent into conformity with their demands. Compare what influence this has already had on Sweden.

    Come summer weather, we will have a chance to undo at least some of the modern day witch burning. (at least some that haven't burned yet)


    Classy guy (none / 0) (#2)
    by sarcastic unnamed one on Mon Feb 05, 2007 at 09:17:10 PM EST
    The decision by the 4th District appeals court was in the case of Samuel F. Roloff, 22, who was convicted of three felony and three misdemeanor charges under a plea agreement in a case in which he was accused of having sex when he was 20 with four girls, all between the ages of 15 and 17.

    Actually, he was something worse. Roloff was charged with nine felonies and eight misdemeanors ranging from second-degree sexual assault of a child to child sexual exploitation to child enticement to having sex with a child 16 or older. There were so many counts because there were so many girls.

    All of the felonies and three of the misdemeanors stem from what occurred on a school day in April of 2005. Four girls - ages 18, 17, 15 and 14 - skipped school that day, stopped at the 17-year-old's house to pick up a camcorder, met Roloff at a gas station and then walked to his house.

    He had intercourse with the 17-year-old. He had intercourse with the 15-year-old. Much of what happened was videotaped, which is a felony in and of itself. The judge himself noted the sex was unprotected.

    Much of the complaint was dismissed in the plea bargain, but the 18-year-old told police that Roloff asked both her and the 14-year-old if they also wanted to do it, which they didn't.  [...] the 14-year-old at one point pushed her into the bathroom, where she witnessed enough depravity to vomit. That, she said, was when everybody laughed at her.

    The charges weren't limited to just that day. Roloff also pleaded no contest to, when he was 18 or 19, having intercourse with a totally different girl who was then 16; and to, when he was 19, having intercourse with yet another girl who was then 17.

    This isn't one of those cases of a monogamous kid and his slightly younger girlfriend.

    "It is not a situation where we have hormones and passion getting the better of two youngsters on one occasion," said Waupaca County District Attorney John Snider on Friday.

    It's a case of the last man in the world you'd ever want anywhere near your daughter.

    So, among other things, he would have also have had sex with the 14 year old girl, but she, thankfully, had enough strength of character to decline the honor.

    The media is a god... (none / 0) (#13)
    by 1980Ford on Tue Feb 06, 2007 at 02:30:10 PM EST
    When it says what we want it to say, and the devil when it doesn't. Search Roloff's record for yourself here and point to the priors of which you speak.

    They do not exist. We cannot trust the media, especially when the "writer" has an agenda.

    Parent

    My quick search (none / 0) (#18)
    by Peaches on Tue Feb 06, 2007 at 02:52:56 PM EST
    pulled up quite a few priors that fit under the descriptions Sarc linked to.

    I'd say that this person, at the very least, is a threat to society. However, I don't think he should b e branded with pedophile at this young age without some sort of pyschological profile on him. His act is a crime that may be caused by him being a pedophile or maybe just a horny young man who never had the proper social upbringing and examples to understand how wrong and criminal his acts were. That's my two cents.

    Parent

    fit under the descriptions? (none / 0) (#21)
    by 1980Ford on Tue Feb 06, 2007 at 03:06:10 PM EST
    What do you mean by that? Driving and drug offenses hardly qualify for predator status, for now, anyway.

    Parent
    Priors (none / 0) (#22)
    by Patrick on Tue Feb 06, 2007 at 03:13:21 PM EST
    The charges weren't limited to just that day. Roloff also pleaded no contest to, when he was 18 or 19, having intercourse with a totally different girl who was then 16; and to, when he was 19, having intercourse with yet another girl who was then 17.

    The way I read that is the cases were combined as a result of the plea agreement.  So there wouldn't necessarily be a prior in the classic sense of the word, just open cases stemming from three separate incidents that were all closed together.  It's not uncommon.  

    Parent

    And (none / 0) (#24)
    by Patrick on Tue Feb 06, 2007 at 03:31:48 PM EST
    Can someone advise of he's being forced to register as a predator or as sex offender?  In California a predatory sex offender's registration would be public information and would be on website, whereas many sex offenders, while required to register, are not posted on the public site.  

    Parent
    Patrick, where do you get that from? (none / 0) (#26)
    by 1980Ford on Tue Feb 06, 2007 at 03:34:45 PM EST
    Would you mind pointing to your source?

    Parent
    Please enter a subject - Too daft to think of one (none / 0) (#28)
    by Patrick on Tue Feb 06, 2007 at 03:41:35 PM EST
    Megan's law in California

    Not every registered sex offender will appear on this Internet web site. As explained on the Summary of the Law page, approximately 25% of registered sex offenders are excluded from public disclosure by law. Whether public disclosure is permitted is based on the type of sex crime for which the person is required to register.



    Parent
    It does not mention predator... (none / 0) (#30)
    by 1980Ford on Tue Feb 06, 2007 at 03:48:06 PM EST
    So where do you get that everyone who is listed is a predator?

    Parent
    Predator (none / 0) (#33)
    by Patrick on Tue Feb 06, 2007 at 04:03:42 PM EST
    So where do you get that everyone who is listed is a predator?

    Was my choice of words based on my knowledge that the offenses which could be categorized as predatory all fall under the public release aspect of this law.  I did not mean to imply (Nor do I think I did imply) the everyone who is listed is a predator, only that all persons convicted of crimes which could be considered predatory would be elibible for publication on the website.  There are certainly non-predatory offenders on the list based solely on the nature of thier conviction.  

    There are two lists.  One of people required to register under the law, the other, a list of specified people who's registration can be released to the public.  People on the first list aren't necessarily on the second list, but all people on the second list are on the first.  Wow,  I'm confusing myself.  

    Parent

    Well, 1908ford (none / 0) (#34)
    by sarcastic unnamed one on Tue Feb 06, 2007 at 04:09:56 PM EST
    These are the offenses of the first 5 sex offenders listed on Cali's sex offender website alphabetically for LA:

    1. 288(a) LEWD OR LASCIVIOUS ACTS WITH CHILD UNDER 14 YEARS

    2. 288(a) LEWD OR LASCIVIOUS ACTS WITH CHILD UNDER 14 YEARS

    3.m647.6 ANNOY/MOLEST CHILDREN
    261(2) RAPE BY FORCE

    4. 261(2) RAPE BY FORCE
    m243.4(e)(1) TOUCH PERSON INTIMATELY AGAINST WILL FOR SEXUAL AROUSAL/ETC
    m647.6(a) ANNOY/MOLEST CHILDREN

    5. 261(a)(2) RAPE BY FORCE/FEAR/ETC

    While "predator" may be a colloquial term, I think it fits well enough.


    Parent

    Those are what we think of... (none / 0) (#35)
    by 1980Ford on Tue Feb 06, 2007 at 04:33:21 PM EST
    When we think of predator. But the question was if everyone publicly listed is a predator, as Patrick posted.

    It appears California has a classification system:

    HOME ADDRESS CATEGORY The conviction of certain sex offenses requires that the home address of the offender be posted, along with other information about the registrant. 290.46, subd. (b).

    CONDITIONAL HOME ADDRESS CATEGORY The conviction of other designated sex offenses, along with the conviction of any other registrable sex offense, requires that the home address be posted, along with other information about the registrant. 290.46, subd. (c).

    ZIP CODE CATEGORY Commission of certain other sex offenses requires that information about the offender, including his or her ZIP Code and other information, but not including the home address, be posted on the web site. 290.46, subd. (d).

    UNDISCLOSED CATEGORY Finally, there is a category of registered sex offenders that may not be displayed on the Internet web site. These are registrants who have been convicted of sex offenses not listed in the above three categories. Offenders in the undisclosed category must still register as sex offenders with local law enforcement agencies, and are known to law enforcement.

    So the more "predatory" the more that is listed on the website, including address. Interestingly enough, those who can apply for exclusion are:

    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) any offense which did not involve penetration or oral copulation, the victim of which was a child, stepchild, grandchild, or sibling of the offender, and for which the offender successfully completed or is successfully completing probation.

    "Sexual battery by restraint" sounds more predatory to me than, say, indecent exposure with a prior and many cases of annoy/molest a child, which might be nothing more than words or gestures. Some listings are obvious, others require reading higher court definitions to be sure. Patrick's blanket grouping is what is wrong with the listing and it is either lazy or rhetorically effective to do so, maybe both.

    Parent

    I did not say (none / 0) (#36)
    by Patrick on Tue Feb 06, 2007 at 04:38:56 PM EST
    everyone publicly listed is a predator, as Patrick posted.

    Nor can you honestly interpret that from my remarks in #24 and #33.  

    Parent

    Perhaps (none / 0) (#37)
    by Patrick on Tue Feb 06, 2007 at 04:41:26 PM EST
    You can point to the post where your making that inference?  I believe I've clarified (Something that was inherently clear to begin with) the comment you took issue with, #24.  

    Parent
    Since (none / 0) (#38)
    by Patrick on Tue Feb 06, 2007 at 05:26:48 PM EST
    Your post was after my #24 and #33, I'm assuming you saw them.  I guess I can wait for your answer, but I am curious as to where you drew your inference that I think all the listed offenders are predators.  I think perhaps you misread my comments.  

    Parent
    Maybe I did misunderstand. (none / 0) (#40)
    by 1980Ford on Wed Feb 07, 2007 at 01:05:08 AM EST
    Wouldn't be the first time. You wrote:

    "In California a predatory sex offender's registration would be public information and would be on website, whereas many sex offenders, while required to register, are not posted on the public site."

    You distinguish between "predatory sex offender" and a "regular" sex offender by if they are publicly posted or not. That was my interpretation. These public websites really need to link to high court cases within the jurisdiction that define the range of offenses for each statute.

    Parent

    That could be... (none / 0) (#25)
    by 1980Ford on Tue Feb 06, 2007 at 03:31:48 PM EST
    What about this?

    "All of the felonies and three of the misdemeanors stem from what occurred on a school day in April of 2005."

    And then this?

    "The charges weren't limited to just that day."

    Which is it?

    My only point is that I don't trust the media and so don't trust this report and the appeal decision does not clarify it.

    Parent

    Well (none / 0) (#27)
    by Patrick on Tue Feb 06, 2007 at 03:35:16 PM EST
    All of the felonies and three of the misdemeanors stem from what occurred on a school day in April of 2005.

    There were more than 3 misdemeanors and they were the result of the other cases????  I don't know

    My only point is that I don't trust the media and so don't trust this report

    My friend, you'll get absolutely no argument there.  In fact I'd say that's damn good advice!

    Parent

    It was a quick search, and (none / 0) (#23)
    by Peaches on Tue Feb 06, 2007 at 03:23:58 PM EST
    I'm no lawyer nor trained in law, so I don't completely understand what I'm looking at. Under one of the files I linked to after Searching Roloff, Samuel F. (The second one) I saw this listing

    1 948.02(2) 2nd Degree Sexual Assault of Child Felony C Guilty / No Contest

    2 948.05(1m) Child Sexploitation-Produce,Perform,etc. Felony F Guilty / No Contest

    3 948.05(1m) Child Sexploitation-Produce,Perform,etc. Felony F Dismissed-Read In-Pr

    4 948.055(1) Cause Child 13-18 to View Sex. Activity Felony H Guilty / No Contest

    5 948.055(1) Cause Child 13-18 to View Sex. Activity Felony H Dismissed-Read In-Pr

    6 948.055(1) Cause Child 13-18 to View Sex. Activity Felony H Dismissed-Read In-Pr

    7 948.07(3) Child Enticement-Expose Sex Organ Felony D Dismissed-Read In-Pr

    8 948.07(1) Child Enticement-Sexual Contact Felony D Dismissed-Read In-Pr

    9 948.40(1) Intent. Contribute/Delinquency (Felony) Felony H Dismissed-Read In-Pr

    10 948.09 Sex with Child Age 16 or Older Misd. A
    Guilty / No Contest

    11 948.09 Sex with Child Age 16 or Older
    Misd. A Dismissed-Read In-Pr

    12 948.09 Sex with Child Age 16 or Older Misd. A
    Dismissed-Read In-Pr

    13 948.09 Sex with Child Age 16 or Older Misd. A
    Dismissed-Read In-Pr

    14 948.09 Sex with Child Age 16 or Older Misd. A
    Guilty / No Contest

    15 948.09 Sex with Child Age 16 or Older Misd. A
    Dismissed-Read In-Pr

    16 948.09 Sex with Child Age 16 or Older Misd. A
    Dismissed-Read In-Pr

    17 948.09 Sex with Child Age 16 or Older Misd. A
    Guilty / No Contest

    Admittedly, so have some pity, I have very little idea of what I am lopking at. I just chose one of the several links that came up in my search and this is what it produced. Perhaps, these are only charges and don't fall under the "priors" category. If so, my mistake. Please help explain the above.

    Parent

    That's strange... (none / 0) (#29)
    by 1980Ford on Tue Feb 06, 2007 at 03:44:25 PM EST
    The second in the list returns "The case is being appealed" for me.

    The problem with what you found is that we don't know if all those charges are from that one day or not. Quite a list either way.

    Parent

    You can find out more about case (none / 0) (#31)
    by Peaches on Tue Feb 06, 2007 at 03:50:49 PM EST
    by hitting a details button that brings up the list.

    Parent
    Thanks, and there are even more details... (none / 0) (#32)
    by 1980Ford on Tue Feb 06, 2007 at 04:02:41 PM EST
    With confirmation:

    Count 17

    948.09

    Sex with Child Age 16 or Older

    Misd. A

    Offense date: 11-05-2003 (different date)

    Parent

    This reminds me a lot of Matthew Limon (none / 0) (#3)
    by Alex Blase on Mon Feb 05, 2007 at 10:27:06 PM EST
    The 18-yr-old by one week who had sex with a one month away from 15-year-old boy. In Kansas. He wouldn't have had to register as a sex offender if he had had sex w/ a girl, but since he was a boy, he got 17-years and had to register. After some court battles following Lawrence v. Texas, he got his sentence reduced to the heterosexual equivalent, but he still has to register as a sex offender.

    another related story, this from Missouri, about Michael Devlin, the guy who kidnapped those two boys and was caught about a month ago. He's not being charged with rape, but with "forcible sodomy". More details here. I was hoping to get some people's opinions from this site, because I'm not a lawyer, I'm just taking the LSAT this saturday.

    sar, you're seriously suggesting (none / 0) (#4)
    by cpinva on Tue Feb 06, 2007 at 09:32:39 AM EST
    that a 20 year-old is so much more mature than an 18 year-old? apparently, the law doesn't agree. 18 year-olds can vote, join the military, sign enforceable contracts, etc. neither of them can buy stock.

    i note also that it was the girls who brought the camcorder, not the defendant. i also note it was the girls who went to his house, not vice versa.

    who do you suppose was doing the recording? if the defendant was, um, involved, it's highly unlikely he was. that leaves at least 3 girls available for that chore, unless they just set it up on a stationary tripod. i noticed the article you cited made no mention of that fact.

    the only "victim" i see here is the 14 year-old, who probably went along because she wanted to hang out with the big girls. she apparently never had sex, with anyone, that day.

    this isn't meant as a defense, so much as a clarification of conveniently ignored facts. yeah, he's a pig. so, what else is new? 20 isn't 30 however, relative to 18, 17 & 16, so i'm having a hard time seeing this guy as some kind of hannibal lectorish sexual predator. it would appear the judge felt the same way.

    cpin (none / 0) (#5)
    by sarcastic unnamed one on Tue Feb 06, 2007 at 11:42:07 AM EST
    20 isn't 30 however, relative to 18, 17 & 16, so i'm having a hard time seeing this guy as some kind of hannibal lectorish sexual predator.

    The youngest girl he had sex with was 15, not 16 as you said.

    And, sorry, did someone say he was a "hannibal lectorish sexual predator?" Nice strawman among several strawmen.

    But, hey, just for grins and giggles, what term do you use to describe a 20 year-old who tries to have sex with a 14 year-old?

    I'd use.... (none / 0) (#6)
    by kdog on Tue Feb 06, 2007 at 12:20:10 PM EST
    sleazeball...or dirtbag.  I just can't go as far as sex criminal.

     

    Parent

    I'm sorry to hear that kdog (none / 0) (#7)
    by sarcastic unnamed one on Tue Feb 06, 2007 at 12:42:26 PM EST
    kdog (none / 0) (#8)
    by sarcastic unnamed one on Tue Feb 06, 2007 at 01:02:08 PM EST
    Just so we're clear, what would you call the 20 year-old had he been successful in convincing the 14 year-old to have sex with him?

    Parent
    A pedophile (none / 0) (#9)
    by Patrick on Tue Feb 06, 2007 at 01:26:29 PM EST
    But I think he already is one.....So it's just my .02.  

    Parent
    Yup (none / 0) (#11)
    by sarcastic unnamed one on Tue Feb 06, 2007 at 01:55:55 PM EST
    Nope (none / 0) (#12)
    by mack on Tue Feb 06, 2007 at 02:21:14 PM EST
    You can speculate all you want about this individual being a pedophile, but I know several prominent people in the psychiatric community that would disagree with you.

    Taking all the criminal charges at face value, he still would not be diagnosed as a pedophile.

    I am not claiming that what he did was right; I am merely stating that using the term pedophile, in this context, cheapens the meaning of the word and the medical definition of the condition.


    Parent

    Yup (none / 0) (#15)
    by Patrick on Tue Feb 06, 2007 at 02:40:09 PM EST
    I'm not psychiatrist and I don't review the DSM IV for updates.   The question was "what would you" call him.  I don't think it cheapens any social definition of the condition as viewed by the majority of the public who are laymen in the field.  

    Kinda like the second line of this Wiki article...

    In contrast to the generally accepted medical definition, the term pedophile is also used colloquially to denote significantly older adults who are sexually attracted to adolescents below the local age of consent,[1] as well as those who have sexually abused a child.

    So while you are proabaly technically correct as to the medical definition, I stand by my last comment.  Since to me the difference in ages between a 20 year old and a 15 year old is significant.  Oh yeah, and at least California law agrees as to the difference being significant.  

    Parent

    Not only that (none / 0) (#16)
    by sarcastic unnamed one on Tue Feb 06, 2007 at 02:47:48 PM EST
    but the actual question we're discussing is:
    what would you call the 20 year-old had he been successful in convincing the 14 year-old to have sex with him?


    Parent
    Colloquialisms (none / 0) (#17)
    by mack on Tue Feb 06, 2007 at 02:52:44 PM EST
    Pat,

    I am not arguing California law and I want to stress that I don't condone what he did.

    Colloquialisms are extremely dangerous when used to define public policy and should never be used to sway public opinion.  That, in my opinion, is unethical.


    Parent

    But it is (none / 0) (#20)
    by Patrick on Tue Feb 06, 2007 at 03:03:36 PM EST
    public policy and in fact appears to be the law of the land in Wisconsin that he should register as a sex offender.  I'll happily conceed that my definition of pedophilia is not medically recognized, but he's not being forced to register as a pedophile, just as a sex offender.  I merely quoted ca law to substantiate that I'm not the only one who considers the age difference significant.  

    Parent
    In the interest (none / 0) (#19)
    by Patrick on Tue Feb 06, 2007 at 02:57:02 PM EST
    og full disclosure, this 261.5 PC would be more on point of the scenario posed.  If you'll note the (B) sub-section directly address age difference and makes anything more than 3 years a potential felony.

    Parent
    And that's (none / 0) (#10)
    by Patrick on Tue Feb 06, 2007 at 01:28:38 PM EST
    just me, I don't speak for Sarc....

    However, if his information related to the crimes is accurate, the judge in this case was wrong, IMO, to stay the sentencing.  

    Parent

    I'd call him worse than dirtbag..... (none / 0) (#39)
    by kdog on Tue Feb 06, 2007 at 07:16:25 PM EST
    From the info here....I'd charge him and the 18 year old girl for corrupting minors or something to that effect.  It's pretty unpleasant stuff to say the least...4 high school girls cut school, get camcorder, go home with a gas station attendant and I'd rather not think about the rest as I have a 15 year old niece.  

    Yet I can't get past the fact it's a 20 year old with high school girls.  It's wrong...but not pedophilia or predator or sex offender registry.  

    Where are the parents?  Why are 14-15 year old girls hanging out with 17-18 year old girls?  What role did the girls of the age of consent play in all this?  It's a little unfair to pin all the blame for the whole sad affair on the guy, don't you think?

    Not to excuse his behavior at all, I could live with a statuatory rape charge for the 15 year old...I'm not an animal buddy:)  I guess that would make him a sex criminal...but I see no evidence of pedophilia or child predatory behavior what so ever.  

    Parent

    A distinction with a difference (none / 0) (#14)
    by atlanta lawyer on Tue Feb 06, 2007 at 02:39:19 PM EST
    I wouldn't argue that a 20 year old having sex with a 14 year old is a good idea, or even that it should be decriminalized, but the law should reflect that your dealing with a whole different animal when someone decides to engage in sexual activity with a prepubescent person. To me, its the folk who seek sexual gratification with children who haven't developed any secondary sexual characteristics that we should really be worried about.