The sex offender registry: a many-headed monster

By Sandy . . . What do these headlines have in common? “U.S. Marshals protect trick-or-treaters from the threat of sex offenders.”  “ ‘Operation Blackout,’ annual Halloween Tennessee sex offender sweep, underway” “Operation Lights Out aims to keep your children safe on Halloween” They all appeared in the week or so leading up to Halloween. They all connect Halloween, persons…

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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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AZ Sup. Ct. rules unanimously against enhancements where no child is involved

By Howard Fischer . . . Judges cannot impose enhanced sentences on those convicted of soliciting sex with a minor when it turns out there was no child to begin with, the Arizona Supreme Court ruled Wednesday. In their unanimous decision, the justices upheld a lower court ruling that said Dale A. Wright can be found guilty even though the…

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NARSOL fighting strict liability case in Ninth Circuit

By Larry and Sandy . . . NARSOL is joining the fight against strict liability offense schemes. An important case from Arizona, May v. Ryan, is pending before the Ninth Circuit Court of Appeals. The case has the rare distinction of having already been successful in a lower court for the plaintiff, May, who was convicted in Arizona state court of…

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Judge rules molestation conviction requires proof of intent

By Sandy…. A really bad law in Arizona, one that actually had the potential for the parents of an infant to be charged with sexual assault while changing his diaper, has been overturned. The law was written so that no sexual intent or motivation was required. According to the Arizona Republic, “The statute defines sexual contact as ‘any direct or…

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