For many, crimes involving sexual offenses are the most heinous that can be committed. A person who served a sentence for a murder conviction doesn’t have to alert a neighborhood when they move in, but in 30 states, a person guilty of a sex crime is required to do so. In addition, all states and the District of Columbia require sexual offenders to register on a public sex offender registry website.
Some argue that sexual offenders should be banned from being on social media, as it can provide them with a fresh array of new targets if they are so inclined. Others argue that, given that the recidivism rates of sexual crime convicts are often lower than those guilty of other crimes, this may be unfair. According to the highest court in the nation, it’s also unconstitutional.
In 2017, the U.S. Supreme Court ruled in Packingham v. North Carolinathat a North Carolina law banning registered sex offenders from using social media online was a violation of their First Amendment free speech rights. It was triggered by a Facebook post made by someone convicted of a sex crime before social media sites existed.
While states can place other restrictions on convicted sex offenders, they can’t enact sweeping social media bans. This doesn’t mean that convicted sex criminals won’t encounter limitations online.
In Packingham v. North Carolina, the Justices identified social networking sites as the modern version of a public square, where every person has the right to exercise their free speech. North Carolina’s social media ban for sexual offenders not only violated their First Amendment rights, it also denied them the opportunity to access job boards, chat rooms, and other advantages offered by online access.
The unanimous decision in Packingham v. North Carolina immediately invalidated the North Carolina social media ban, as well as those in other states such as Louisiana’s HB 55, passed in 2011. Some states require registered sexual offenders to supply all of their online profiles, usernames, and accounts to law enforcement. Given the ease with which anonymity can be achieved online, there are question about the effectiveness of such programs.
Depending on the jurisdiction and the type of sex crimes they were convicted of, sexual offenders may have other restrictions imposed by the state beyond mandatory sex offender registration. These can include living under a curfew, alerting law enforcement to changes in their job and living situations, and barring them from using drugs or alcohol. Discussion of violating any of these conditions online might have real world repercussions.
If you or a loved one is in a bind as a result of criminal allegations, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900art of our nation’s movement toward being a “greener” place is the acceptance of cannabis. A substantial majority of U.S. states allow some form of cannabis usage, including medical marijuana, recreational marijuana, or both. Some even permit residents to cultivate their own cannabis plants. This begs the question of whether budding bud farmers can legally send some of their crops to friends and family located elsewhere.
