Legislature Has Deadline to Close Jessica's Law Loophole

Posted on July 28th, 2010 No Comments

Lawmakers have one week to close a loophole in a Massachusetts law that does not require sex offenders who victimized children to register as sex offenders when released from prison.

Jessica’s Law was passed in 2008 to establish minimum mandatory sentences for people convicted of sex crimes against children. The legislation did not include a requirement that people convicted under the law register with the Sex Offender Registry Board when released from jail or prison. The Legislature has until the end of next week to change that, or the law will stay on the books for another year.

A bill to close the loophole was filed last year, but never passed because lawmakers said they ran out of time.

If you have been accused of a serious crime or you are looking for help in the realm of sex crime law, call Massachusetts sex crimes attorney James Powderly today at 508-343-0676.

Appeals Court Says Nude Pics OK for Sex Offender

Posted on July 21st, 2010 No Comments

An appellate court in Nebraska has ruled a convicted sex offender can possess material depicting nudity upon his release from prison.

According to court documents, Jerry Lynn Simons, who has a history of sex crimes in Oklahoma and Kansas, must adhere to twenty conditions upon his release from prison, but the 8th U.S. Circuit Court of Appeals threw out a nude-picture clause in a ruling Wednesday. The court said the clause would deny Simons the ability to view “a biology textbook” or buy works of art depicting nudity.

Simons was sentenced to two years in prison and 20 years of supervised release for failing to register as a sex offender in Nebraska after moving to the state. Simons’ release from prison is set for September.

If you or anyone you know has been charged with a sex crime, contact a Massachusetts sex crime lawyer of James Powderly at 508-343-0676.

Texas Man Kept On 'Improper' Sex-Offender Restrictions

Posted on July 14th, 2010 No Comments

The Texas Board of Pardons and Paroles has voted to keep a convicted child killer on sex-offender restrictions, though he was not convicted of a sex crime.

According to officials with the board, Raul Meza is a continuing threat to society “by reason of lack of sexual control.” The board voted 3-0 to limit Meza’s movements and keep him confined in a Travis County jail.

Meza was convicted of killing 8 year-old Kendra Page in 1982 and was sentenced to 30 years in prison.

A federal appeals court ruled, in May, Texas improperly placed sex-offender restrictions on thousands of parolees including Meza.

If you or anyone you know has been charged with a sex crime, contact the Massachusetts sex crime defense attorneys of James Powderly at 508-343-0676.

MA Supreme Court: D.A. Must Turn Over Statutory Rape Data

Posted on July 8th, 2010 No Comments

The Massachusetts Supreme Court has ruled that prosecutors must provide evidence that shows they are not engaging in “selective prosecution” of the state’s statutory rape law against gay youth.

The case reached the state’s highest court after a juvenile court judge ruled last year that the district attorney must provide data on statutory rape cases, which the D.A. appealed. The lower court’s ruling stemmed from a case in Norfolk County in which prosecutors charged a boy with delinquency for allegedly having sex with a thirteen year-old boy, when he was sixteen. Lawyers for the defendant said he would not have been charged had the alleged victim been a female.

The state’s highest court upheld the lower courts ruling, but narrowed the scope of the evidence that must be turned over.

If you have been accused of a serious crime or you are looking for help in the realm of sex crime law, call Massachusetts sex crimes attorney James Powderly today at 508-343-0676.

Some Offenders to be Removed from Registry July 1st

Posted on July 2nd, 2010 No Comments

As of July 1, nearly 40 sex offenders currently on South Dakota’s sex offender registry will be purged from the list, and hundreds more could be removed in the next decade, as part of a new law.

According to the new bill, misdemeanor indecent exposures are no longer offenses that require registration. The new law also provides certain statutory rape cases to eventually be taken off the list as well. Marty Jackley, the South Dakota Attorney General, said of the bill “offenders that are dangerous are on [the list] and people, when they see those names, know they’re on there for a reason and to be careful.”

The majority of the 2,700 sex offenders in the state’s registry will remain there when the new law take effect. Offenders convicted of statutory rape under 21 years of age and when the victim is older than 13 can ask the court to be taken off the list after ten years. “It is envisioned that the offender, if they believe they are eligible for removal, would file a petition, a court document with the court and serve the states attorney and attorney general’s office and we would have an opportunity to respond,” Jackley said.

If you have been accused of a serious crime or you are looking for help in the realm of sex crime law, call Massachusetts sex crimes attorney James Powderly today at 508-343-0676.


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