Families of SOs Community Group
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For example, most laws regarding sex offenders are worded something like this: "Anyone who is required under (list state statute here) to register as a sex offender must ............................."
But some laws regarding sex offenders are worded something like this: "Anyone who has ever been convicted of a sex offense, (list statute here) must....................."
In other words, the law is based on conviction rather than the fact that the person is listed on the registry.
I spoke with an attorney I have known for a long time about this. He says if it is based on conviction there is a much better chance that the courts will throw the law out since it singles out a certain class of people.
I hope this is not a future trend in creating laws for sex offenders. If it is, then it does not really matter if a persons who has been convicted of a sex crime is on the registry. The law would apply just because he has a conviction of a sex offense. Getting removed from the registry would be a moot point.
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I spoke with an advocate group here in IL and they said the State Police will continue to enforce the laws against all convicted until the courts say otherwise or the wording is changed.
My 'congrats you're off the registry' letter even warns me I can't set foot on school or park property.
Add the 2013 ban on me celebrating holidays and 2014 ban on privately owned, publically accessed child areas.
I notice MI laws are just for those registered as are WI laws (mostly).
If I move to most states I'm back on the list. There are a few I can move to (I think).
I was just curious if anyone off the registry has moved and what states were chosen?
I'd love to go south- AZ or Nevada but I'd be back on the list. Ugh. In GA I'd be on the list until I could petition off.
No one has fully challenged these laws in IL. But they are clearly written 'Anyone convicted' and not 'Anyone Registered'. There is no doubt on what it means.
No one has challenged the court to interpret since 2002 and that was a ban on a sex offender (unregistered) in a school.
But as much as I lobby for this cause I don't want to be the one arrested so I can fight the fight. At least not until my kids are grown.
I just want to live in a state I can see my kids sport events and band concerts without written permission or fear.
They scan license plates at park districts lots to see who had their car parked there. They arrested a SO (non registered) for playing an adult league sport because he was on park property.
I can't use the public pools, rec center, attend the town 4th of July celebration, etc.
Would they enforce it on me? I'm not willing to risk it.
That really sucks!!
I'm off the registry in PA and can just about what I please. Of course, PA does not have residency restrictions to begin with.
It's not even residency restrictions that bother me. I don't want to live near schools and put myself at risk of being accused.
I just want freedom to go to parks and school events without written permission.
As it stands in IL if my son gets sick and I need to pick him up I need written permission from the superintendent of the district. And they can deny me for everything but parent:teacher conference including picking up a sick child or dropping off a forgotten notebook. So stupid.
Whatever your state says your time on the registry is will be the same in PA. If you are lifetime there, you will be lifetime here regardless of what the PA law says.
As for visiting schools, I'm not sure what the law is in PA. I never had to deal with it.
But PA laws say an equal offense - CP- is 25 years. So I'd move to PA and be back on the list.
Otherwise PA would be top of my list. :-)
Then I'd be off the registry in PA too.
I'll have to discuss with my husband where he'd rather go and seek out legal advice for that state.
Off to Google and see what other restrictions PA puts on SO's and if they apply to all or just those registered.
I hope I'm right.
In IL I can attend school conferences with written permission- but that means declaring myself a SO to the school board and stigmatizing my children. And they can deny me all else.
I'll add PA to my 'good' list!
Glad I found you guys.
Now if only someone would pop in and tell me a warm state was good - TN? NC? I know FL is out.