Here is a link to the “unanimous decision” of the N.C.S.C.
It is really hard to stay awake while reading all of that, but I think the bottom line is that the State has the right to protect “minor children”, (which the law defines at 18 yrs. but Facebook defines at 13 yrs.)
Apparently Lester Packingham was proven to access Facebook because of his “profile picture”, which caused an investigation, arrest, trial, and conviction leading to a suspended execution of a 8 month prison sentence.
If I was branded a RSO, and my wife’s Facebook Account has our wedding anniversary photo for the profile pic, should I be concerned? What if all of my children had pics of me? Is that cause for an investigation or is it direct evidence of having access to Facebook or even a membership?
What I’m concerned about is the law that will be written next. After all, I have a wife, I have children and grandchildren, with laptops, ipads, ipods, cell phones, smart TVs, all of which I am the “owner of record” for warranty purposes. I pay for the internet access, which is in the house that I own. Am I guilty of accessing Facebook because they show me something that their excited about or interested in? What if I peek over their shoulder? What if I want to monitor my kids internet usage? Will I go to prison?
You may think I ask tongue-in-cheek questions only to prove a point with some humor. That would be true if this was 35 years ago. That’s when none of us had a clue of what the Registered Sex Offender Industry would grow into. But in the last 12 yrs, literally thousands of laws have been written, not to regulate this industry, but to put forth a relentless hatred and punishment for people, whom, to some extent, in one way or another, we all agree, that they deserve it. Unless of course, it’s happening to someone you love dearly or you know they were only victims of the system. So, I ask my questions, not to be funny, but to show the irony of the laws intent, and to show my contempt and disdain for political expediency, and the entertainment and news medias.
One other observation I made from reading the above link. If I were arrested today, by the time I was indicted, convicted, than appealed it through the court system, up to and including the State Supreme Court, it would be 7 years before the SCOTUS looked at it, and that’s contingent upon the minimum 4 of the justices agreeing to hear it which would make it 1 case of the 80 cases out of the 7,000-8,000 petitions that are presented to them for that term. Also keeping in mind that the State has the money, time and resources to enforce their will. Maybe it’s just easier to not have an account. Screw the principle of it.
By the way, you ought to see the looks of puzzlement or disdain of politicians on my children’s faces, when I tell them why I can’t look at their pictures or comments or why they shouldn’t name-tag me on Facebook. But then again, I should have thought about that in 1983 before I took that plea deal.