N.H. court sides with sex offender who hired minor

A registered sex offender did not break the law by hiring a 16-year-old boy to work for his landscaping business, the New Hampshire Supreme Court ruled Friday.

Edward Proctor was convicted in 2017 under a law prohibiting certain sex offenders from undertaking employment or volunteer services involving the care, instruction or guidance of children. According to court documents, he hired the teen in February 2016 for snow removal work and again in May 2016, driving him to job sites for weeding, mulching and other landscape work. He was arrested after the boy’s mother typed Proctor’s name into an online sex offender registry database.

Proctor, who is serving a three- to six-year prison sentence, appealed his conviction, arguing that the law prohibits accepting certain types of employment, not providing employment. The high court did not weigh in on that argument but agreed with his second argument that the law, which specifically mentions jobs such as teacher, coach and camp counselor, only prohibits activity that inherently involves children.

The court reversed Proctor’s conviction and sent the case back to the lower court

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    • #72252 Reply
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      Perry

      You can bet for sure that, the Lower Court will somehow rule against this guy again. It will go back and forth, until it goes up to The U.S. ‘Supremely Corrupt’ Court, and they’ll most likely rule against this guy, just for GP. I wonder. Why did she wait several months to look him up instead of immediately? I have a few ideas as to why, but I’m not sure as to the Validity of any of them, so I’ll avoid bringing them up. What I’m sure of though is this:
      Things like this will not stop, until a new U.S. Congress, that isn’t afraid of ‘The Modern-Day Pharisees’, eliminates The Registry altogether and finally grows A Spine strong enough to do it!!
      Done.

    • #72256 Reply
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      H n H

      If his conviction is overturned, you can bet your life the law will cover this to make it illegal. Regardless of whether or not it was right or wrong, someone will use the appeal as a platform for a new law which he/she will exploit to get another term in office.

    • #72266 Reply
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      Tim in WI

      Just more of the ” clearest proof” of punitive intent here. It would have been nice to have a url to the court’ s opinion. The article limits its discussion to the point surrounding narrow tailoring of the law to predominately protecting under age people by law knitting the convicted from activities ( employment) involving kids in general. The remand here was on that issue, which is good for the registrant, but keeps the people’s reference to benevolent intent intact.

    • #72440 Reply
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      WC_TN

      Oh, you can bet your bottom dollar the state will move quickly to amend their sex offender registry law to make this a criminal act. You all know as well as I do in most instances states legislate their way around an unfavorable court ruling.

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