Jump to content
libertyandjustice

Sex Offender Registration for non-sex offense and illegal condition

Recommended Posts

My son was given 12 years in ADC for a probation revocation that were two D felonies of breaking or entering and theft of property.(He is out on Parole now) The probation was revocated due to two counts of a class B misdemeanor video voyeurism and also a class A misdemeanor drug paraphernalia. He was railroaded by the judge thinking pleading guilty would lead him to go easy on him, big mistake. He was, at the sentencing, given the 12 years plus ordered to register as a sex offender. The transcript of the proceedings show the the prosecutor wasn't certain that it was within the law. The Sex Offender Registration Act A.C.A. 12-12-903(13)(A), definitions, says that sex offenses under video voyuerism must be a felony level offense. Under (13)B(i) it says the sentencing court has the authority to do so if he was shown in court to have attempted to commit or have committed a sex offense if not enumerated in (13)A(i). So how is this legal? Video voyuerism is only a sex offense if a felony, and its not a sexual offense coded under 5-14-101 et sec. either. The sentence order awknowleges that it is not an offense requiring registration. The requirement to register was written in under "other" for special conditions. The video voyuerism was done in public and not against a minor.

 

He was interviewed by SOCNA in prison and made a level 3. This has been the worst because of the restrictions, especially not being able to work or live 2,000 feet of a school, ect. He lost a fiance because he could not parole out to her. This is completely against his civil liberties. His crime did not involve a minor, but they act like he is a threat against children. His parole officer said no contact with minors and to stay away from parks with playgrounds!!! Ridiculous!

 

He also has a condition placed on him that says "no access to digital cameras or cell phones". He was not given a suspended sentence. His parole officer said that this was completely wrong and even contacted the prosecutor who told her to tell him to get an attorney. How is he to get a job or have any type of relationship with anyone without a phone? She also didn't agree that he should register since she's never seen a misdemeanor voyuerism sex offender.

 

He was told by an Attorney out of Little Rock that possibly a state Hebeas Corpus could remove the conditions. He asked for way too much money to do it.

 

Please help. This has destroyed his life.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...