Court Upholds Sex Offender Registration

The federal appeals court in Atlanta has upheld a federal law requiring sex offenders to register with authorities when they move from one state to another. A three-judge panel of the 11th U.S. Circuit Court of Appeals said a federal judge in Florida erred when he ruled that the Sex Offender Registration and Notification Act of 2006 was "facially unconstitutional." The cases involved men who had registered elsewhere but failed to do so when they moved to Florida. The assistant federal public defender in Tampa claimed Congress exceeded its authority by passing the law because the sex offender registration is already controlled by the states.

(Associated Press)

New Sex Offender Bill

Registered sex offenders would not be allowed to run for or serve on a school board in Georgia under legislation that passed in the state Senate. State Sen. John Douglas sponsored the measure that passed unanimously Tuesday. Douglas, a Republican from Social Circle, says he was spurred by a 2008 incident in his Newton County district where a convicted pedophile unsuccessfully sought a seat on the local school board. He says the legislation would stop sex offenders from using a seat on the school board to gain access to children. It now moves to the House.

(Associated Press)

Ga. sex offenders must hand over online passwords

A law is set to take effect in Georgia Thursday that requires sex offenders to hand over Internet passwords, screen names and e-mail addresses.

Georgia joins a small band of states complying with guidelines in a 2006 federal law requiring authorities to track Internet addresses of sex offenders. But the state is among the first to take the extra step of forcing its 16,000 offenders to turn in their passwords as well.

A federal judge ruled in September that a similar law in Utah violated the privacy rights of an offender who challenged it. That ruling applied to only one offender who had a military conviction
on sex offenses but was never in Utah's court or prison system.

No one in Georgia has challenged the law yet. But critics say it threatens the privacy of sex offenders and places an additional burden on law enforcement officials.

State Sen. Cecil Staton, who wrote the bill, says the measure is designed to keep the Internet safe for children. Authorities could use the passwords and other information to make sure offenders aren't stalking children online or chatting with them about off-limits topics.

Click here for more GPB News coverage of similar issues.

(AP)

New challenge to sex offender law

Critics of Georgia's sweeping crackdown on sex offenders asked a federal judge today to allow sex offenders to volunteer at churches. The Atlanta-based Southern Center for Human Rights claims the current ban contradicts the right to participate in prayer worship. The center said one offender in Glynn County faced prosecution for playing the piano during a regular Sunday service. The law also bans sex offenders from living, working or loitering within 1,000 feet of schools, parks, gyms, swimming pools and the state's 150,000 school bus stops.

(Associated Press)

Georgia sex offender law challenged

The Southern Center for Human Rights has filed a lawsuit to stop Georgia’s new sex offender law from going into effect.
Georgia lawmakers amended the state's sex offender law this year adding a provison that prohibits those on the sex offender registry from volunteering at a church.

Sarah Geraghty is an attorney with the Southern Center for Human Rights. She says it would make things like singing in church choirs or cooking meals in the church kitchen a crime.

People who abuse children shouldn't work with children in a church setting, but a blanket prohibition preventing 15 thousand people on the registry from participating in church activity is not the answer," Geraghty says. She says the law violates freedom of religion and she believes it is unconstitutional.


Geraghty says the problem is that Georgia’s sex offender registry makes no distinction between teenagers engaging in consensual sex and child predetors.

The lead plaintiff in the lawsuit is a woman who is on the registry because when she was 17 she had consensual sex with a 15 year old. The new law goes into effect July 1st. The Southern Center for Human Rights is asking for an injuction.

Sex offenders claim religious worship stifled

Five sex offenders say a state law blocks them from participating in religious worship. They filed a lawsuit today against a provision that bars sex offenders from serving any role with a religious organization. The complaint says "even helping a pastor with Bible study or preparing a meal in a church kitchen will subject (sex offenders) to prosecution and imprisonment." The main portion of the measure bans sex offenders from living, working or loitering within 1,000 feet of just about anywhere children gather.

Fugitive sex offender caught

A fugitive sex offender from Georgia has been captured. U.S. Marshals say they captured 27-year-old John Cunningham in New York. Cunningham, also known as "J Roc", is from Brunswick. He had been wanted for failing to register as a sex offender and for violating probation.

Baker says sex offender law now clear

Georgia’s attorney says he’s now clear on how to enforce the state’s sex offender law. State Attorney General Thurbert Baker says sex offenders in George are only exempt from the state's strict residency requirements if they own property. Last month the state Supreme Court issued a ruling that seemed to completely toss a provision barring sex offenders from living within 1,000 feet of any place where children congregate. Now, Baker’s office says that provision is only null and void for sex offenders who own property within 1,000 feet.

Lawmakers craft new sex offender bill

House Republicans are pushing a new bill that would limit where sex offenders may live in Georgia. The state Supreme Court overturned a previous bill’s ban on sex offenders living within a thousand feet of any place where children congregate. The new bill would create exceptions including allowing a sex offender who owns a home to stay if a place like a day care center opened up within a thousand feet. Another exception would allow sex offenders with established employment to keep their jobs if a day care center opened nearby.

AG not clear on sex offender ruling

Today Georgia's attorney general asked the state's top court to clarify its ruling striking down a law limiting where sex offenders may live. The law banned registered sex offenders from living within 1,000 feet of schools, churches and other areas where children congregate. Georgia Attorney General Thurbert Baker said there is confusion about whether the decision applies to all 11,000 sex offenders in the state or only to those that own property.

Sex offender challenges new state law

Today the state Supreme Court heard a challenge to Georgia’s new sex offender law.

Anthony Mann says a law prohibiting sex offenders from living or working within 1,000 feet of a place where children congregate is unconstitutional. Clayton County authorities ordered Mann – who is a registered sex offender -- out of two homes and his business when day care centers opened nearby.

Today, his attorney argued that forcing Mann to move amounts to an unconstitutional taking of his property. But an attorney for the state argued that courts across the country have repeatedly upheld similar requirements under sex offender laws.