(A similar bill was signed into law in Illinois in 2009 and put on hold in California in 2011.) Late last month, Match.com, e Harmony and the Spark Networks signed a “joint statement of business principles” to attempt to screen out registered sex offenders.First, to the legal concerns: The ACLU filed a lawsuit in response to an earlier version of the Louisiana law, which seemed to apply not only to social networking sites but to , claiming that it was “overbroad” and would infringe upon “free speech rights under the First Amendment.” It was already signed into law but was struck down in February on the grounds that it was unconstitutional.If you are dating a sex offender in California there are certain laws and procedures that you should be aware of.
OK, so banning sex offenders from accessing most sites on the Web is unconstitutional, but what about banning them in more limited ways?
Constitutionally speaking, where can the line be drawn?
“If you’re convicted of a crime and you serve your time, there are very few things that extend beyond that — like some states have felony disenfranchisements and that sort of stuff,” Robson explains.
“But when the United States Supreme Court upheld civil commitment and sex offender registries and all of that, they talked about it as civil and as not criminal.” Now, in evaluating whether bills like the one in Louisiana infringe on First Amendment rights, courts “don’t have an analogy, so sometimes they go toward criminal law, as though these people are in prison and as if this is part of punishment.”Of course, many people believe that there are compelling reasons for that.
Depending on the conviction, and if your significant other is homeless, they may be required to re-register with local law enforcement every 30 or 90 days.
Should your significant other fail to register, it is a crime and a possible probation violation that could cause your significant other to face: Be aware that you significant other will face a maximum sentence of three years of incarceration for every time they violate registration laws.Because living with a sex offender when you have children can be complex, your best bet is to talk to your attorney about the laws and any restrictions or problems you may face.Those convicted of some felony sex offenses are not eligible for a Certificate of Rehabilitation, and must register for the rest of their lives, unless they obtain a Governor’s Pardon.If your significant other is going to apply for a Certificate of Rehabilitation or for a Governor’s Pardon, you can help them by providing letters of character and any other needed documents as well as be willing to provide testimony at the hearing.If you or a loved one wants to know how to be taken off the sex offender registry, speak with an experienced sex crimes attorney right away.Sex offenders convicted of misdemeanor sex crimes may apply for a Governor’s Pardon, though it’s generally only given to those who have maintained exemplary behavior for at least 10 years following their discharge from parole or probation.