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In bizarre case, 4th Circuit panel finds forced erections unconstitutional

By Cyrus Farivar . . . A federal appeals court ruled Tuesday in favor of a Virginia man who, as a teen, was once ordered by a lower court to be photographed while masturbating in the presence of armed police officers. That warrant was ostensibly part of an ongoing sexting investigation into the then-teen, Trey Sims, who had exchanged explicit messages with…

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Tenth Circuit COA upholds Oklahoma driver’s license requirement

By Robin . . . Unpersuaded by the court-appointed counsel’s encouragement to read a prison inmate’s pro se lawsuit liberally enough to include a First Amendment complaint, the Tenth Circuit has affirmed a lower Court’s judgment dismissing a challenge to Oklahoma’s requirement that citizens convicted of an “aggravated sex offense” must have their driver’s licenses (and state-issued identification cards) stamped…

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NARSOL files amicus brief in premises case before Illinois Sup Ct

By Robin . . . The National Association for Rational Sexual Offense Laws (NARSOL), in collaboration with its foundation and legal fund, Vivante Espero, has filed an amicus brief on behalf of the defendant-appellee, Marc A. Pepitone, in an important case before the Illinois Supreme Court concerning parks and premises restrictions against “child sex offenders” (720 ILCS 5/11-9.3 (f)). NARSOL…

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Churches aren’t schools, rules Indiana Court of Appeals

By Olivia Covington . . . Three convicted Boone County sex offenders can return to their church congregations after the Indiana Court of Appeals determined that churches are not considered “school property,” so state statute cannot prohibit the offenders from going to church, even when children are present. The appellate court handed down that decision Tuesday in John Doe 1, et al.,…

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KY: Federal judge strikes internet restrictions, online identifiers

By Bruce Schreiner . . . LOUISVILLE, Ky. (AP) — Kentucky went too far in restricting internet access for registered sex offenders, violating free-speech rights by clamping down on their use of social media, a federal judge ruled Friday. In striking down the restrictions, U.S. District Judge Gregory Van Tatenhove said [the] state law could keep sex offenders from participating…

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Federal judge in Indiana holds mandatory “sex offender” classes unconstitutional

By Fatima Hussein . . . A federal judge has ruled that Indiana’s mandated sex offender classes for prisoners who oppose them violates the constitutional right to be free from self-incrimination. The Sept. 28 ruling in the class-action lawsuit filed in the Southern District of Indiana will affect all convicted, incarcerated sex offenders who opt out of the Indiana Sex Offender Monitoring and Management, or SOMM, program. Three of the…

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AZ Supreme Ct: Can’t throw homeless sex offenders in jail for not having an address

By Howard Fischer…. Registered sex offenders who become homeless can’t be jailed for failing to immediately report their new address to law enforcement, the Arizona Supreme Court ruled Friday. The justices acknowledged state law spells out that anyone who is required to register as a sex offender must inform the sheriff of a new address within 72 hours of moving. But Justice Clint…

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Indiana Court of Appeals considers RFRA’s application to registered citizens

By Olivia Covington . . . Shortly after the controversial Religious Freedom Restoration Act went into effect in Indiana in 2015, the unlawful entry by a serious sex offender statute, which prohibits certain sex offenders from accessing school property, also became law. Now, those two statutes are at odds with each other as the Indiana Court of Appeals decides whether…

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Atty Gen Coffman to appeal Colorado ruling declaring registry unconstitutional

By Kirk Mitchell . . . Colorado Attorney General Cynthia Coffman announced Wednesday that she intends to appeal a decision by a federal judge in Denver who ruled that Colorado’s sex offender registration law violates the constitutional rights of three sex offenders. “As Attorney General, protecting victims is one of the most critically important parts of my job,” Coffman said…

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Tenth Circuit splits in holding revocation enhancements for SOs unconstitutional

By Robin . . . Splitting two-to-one in a case out of Oklahoma, a panel of the Tenth Circuit Court of Appeals has held that 18. U.S.C. 3583 (k) violates the 5th and 6th Amendments by requiring a revocation judge to impose a longer sentence for the original conviction based on the facts presented for purposes of revocation (and upon which…

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