The states of Illinois and New York have passed laws barring registered sex offenders from using social networking sites, sparking an outcry from civil libertarians. So our Los Angeles sex crimes defense attorneys were disappointed to see that the state of California is considering following suit, according to a March 2 article from the San Francisco Chronicle. The bill introduced last month by Assemblywoman Norma Torres makes it a crime for registered sex offenders to use any social networking site. It was sponsored by San Francisco District Attorney Kamala Harris, who is running for state Attorney General. A similar bill from Santa Clara's state Sen. George Runner was introduced in the state Senate.
The bill from Torres defines a social networking site as any site that allows users to build networks or connect with other people, and that "provides means for users to connect over the Internet." It's not clear how people who break the law would be penalized. In fact, the article noted that the law relies to some extent on sex offenders to remove themselves from the sites out of fear of prosecution. An attorney for Facebook and another attorney general candidate, Chris Kelly, noted that it's hard for social networking sites to track down offenders without a requirement like New York's, which goes further than the proposed legislation by requiring sex offenders to provide their email addresses and online handles. Torres cited the recent case of a 12-year-old girl who was sexually assaulted by a 33-year-old man she met on MySpace.
We absolutely agree that winning the trust of young Internet users and then raping them is illegal and unacceptable and should be punished. However, as Fallbrook sex crimes criminal defense lawyers, we don't believe this proposed law would be either effective or constitutional if passed. The law relies mainly on sex offenders to self-police, which is generally not successful in any area of criminal law. (There are also statistics showing that this is a solution looking for a problem; only a tiny fraction of child sexual assaults are by people the victim met online.) Perhaps more importantly, this law may be unconstitutional, because it unreasonably restricts individuals' rights without a rational goal or evidence of another crime. Former sex offenders may not be popular, but the Bill of Rights still applies to them. And a restriction on using the Internet, especially if interpreted broadly, could hurt the ex-offenders' efforts to get jobs and live law-abiding lives.
HOWARD | NASSIRI PC represents people accused of all types of sex crimes, from pandering or prostitution to high-profile molestation and rape cases. Our Placentia sex crimes criminal defense attorneys understand very well how personally and professionally damaging an accusation of a sex crime can be, even if nothing has been proven. For that reason, we prefer to take cases as early as possible in the process, so we can help clients avoid as much publicity as possible and begin building a defense. In many cases, sex crimes can be reduced to one person's word against another's, which means we can use physical evidence, forensic computer work and psychiatric testimony to defend you. When applicable, we can also help with professional licensing problems or other civil matters that arise out of the prosecution.
If you're charged with a sex crime in southern California, don't hesitate to contact HOWARD | NASSIRI for help. To set up a free consultation, please call us toll-free at 1-800-872-5925 or contact us through the Internet.
