astro
August 17, 2008, 11:59pm
1
This claim is made in this MSNBC article. (page 2)
Most say in court documents that they served sentences ranging from probation to prison time in plea agreements that predated passage of laws redefining a sex offender.
The plaintiffs claim the law is broad enough now to apply to a wide range of offenses ranging from child molestation to rape to theft of a pornographic magazine from a store.
Where and how is this possible?
Q.E.D
August 18, 2008, 12:18am
2
Seems a stretch in Nevada, the state quoted in the article. Nevada defines a sex offense as:
NRS 179D.410 “Sexual offense” defined. [Effective through June 30, 2008.] “Sexual offense” means any of the following offenses:
1. Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
2. Sexual assault pursuant to NRS 200.366.
3. Statutory sexual seduction pursuant to NRS 200.368.
4. Battery with intent to commit sexual assault pursuant to NRS 200.400.
5. An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section.
6. An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section.
7. Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
8. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
9. Incest pursuant to NRS 201.180.
10. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
11. Open or gross lewdness pursuant to NRS 201.210.
12. Indecent or obscene exposure pursuant to NRS 201.220.
13. Lewdness with a child pursuant to NRS 201.230.
14. Sexual penetration of a dead human body pursuant to NRS 201.450.
15. Luring a child or mentally ill person pursuant to NRS 201.560, if punished as a felony.
16. An attempt or conspiracy to commit an offense listed in subsections 1 to 15, inclusive.
**17. An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.**
18. An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
19. An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
(c) A court having jurisdiction over juveniles.
(Added to NRS by 1997, 1654; A 1999, 1299; 2001, 2796; 2003, 572, 1389; R 2007, 2780, effective July 1, 2008)
The bolded section is the only one which could reasonably pertain to theft. However, in turn, crimes eligible to be considered sexually-motivated offenses would appear to only include:
NRS 175.547 Notice of intent to request hearing; time of hearing; evidence; court to enter finding; “sexually motivated” defined.
1. In any case in which a defendant pleads or is found guilty or guilty but mentally ill of **murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home**, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, before the commencement of the trial, files and serves upon the defendant a written notice of his intention to request such a hearing.
2. A hearing requested pursuant to subsection 1 must be conducted before:
(a) The court imposes its sentence; or
(b) A separate penalty hearing is conducted.
3. At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.
4. The court shall enter its finding in the record.
5. For the purposes of this section, an offense is “sexually motivated” if one of the purposes for which the person committed the offense was his sexual gratification.
(Added to NRS by 1995, 413; A 1997, 1666; 2007, 1412)
and
NRS 207.193 Coercion: Hearing to determine whether sexually motivated.
1. Except as otherwise provided in subsection 4, if a person is convicted of **coercion or attempted coercion** in violation of paragraph (a) of subsection 2 of NRS 207.190, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, not less than 72 hours before the commencement of the trial, files and serves upon the defendant a written notice of his intention to request such a hearing.
2. A hearing requested pursuant to subsection 1 must be conducted before:
(a) The court imposes its sentence; or
(b) A separate penalty hearing is conducted.
3. At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.
4. A person may stipulate that his offense was sexually motivated before a hearing held pursuant to subsection 1 or as part of an agreement to plead nolo contendere, guilty or guilty but mentally ill.
5. The court shall enter in the record:
(a) Its finding from a hearing held pursuant to subsection 1; or
(b) A stipulation made pursuant to subsection 4.
6. For the purposes of this section, an offense is “sexually motivated” if one of the purposes for which the person committed the offense was his sexual gratification.
(Added to NRS by 1997, 1681; A 1997, 2510; 2003, 1484; 2007, 1441)
I see nothing which would include shoplifting or similar crimes, but IANAL.
“10. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.”
What the hell?
Somehow I doubt that this would ever happen or ever has happened and it’s just being used as an example of how the law could potentially be stretched.
‘NRS 201.195 2. As used in this section, the “infamous crime against nature” means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.’
I think thats what happens when you actually convince one of your children to clean their room on their own
In Washington state, any crime can have the penalty enhanced by a finding that the crime was “sexually motivated”. A conviction with a sexual motivation enhancement can require a person to register as a sex offender.
I can’t imagine any prosecutor trying this, or a court accepting it, but it is theoretically possible.
Jragon
August 18, 2008, 7:22am
9
Thalion:
In Washington state, any crime can have the penalty enhanced by a finding that the crime was “sexually motivated”. A conviction with a sexual motivation enhancement can require a person to register as a sex offender.
I can’t imagine any prosecutor trying this, or a court accepting it, but it is theoretically possible.
“Well you see, ladies and gentlemen of the jury, this theft of 15 cents was later used to buy food. Food used to feed his family, most notably his wife. What does his wife provide him with? SEX! I think that this was indeed a sexually motivated crime, and he should be required to register as a sex offender in accordance with the relevant laws.”
Apollyon:
‘NRS 201.195 2. As used in this section, the “infamous crime against nature” means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.’
All laws criminalizing sex acts between consenting same-sex adults were struck down by the U.S. Supreme Court a few years ago. Lawrence v. Texas , I believe.
In 13+ years of involvement with the Ohio criminal justice system as a prosecutor and now as a magistrate, I’ve never heard of anyone being classified as a sex offender merely for stealing a porn magazine. Haven’t looked at that law lately, but IIRC it wouldn’t be possible; the label is reserved for those convicted of crimes such as rape, sexual assault, gross sexual imposition, etc.
Otto
August 18, 2008, 6:02pm
11
Correct, with the possible exception of the sodomy provision of the UCMJ. However, the statute refers to soliciting minors.
Apollyon:
‘NRS 201.195 2. As used in this section, the “infamous crime against nature” means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.’
As an aside, in North Carolina the “crimes against nature” statute covers actions “with man or with beast”.
Apollyon:
‘NRS 201.195 2. As used in this section, the “infamous crime against nature” means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.’
So oral or anal with a corporation is ok?
Q.E.D
August 18, 2008, 9:46pm
14
Of course. How do you think big companies get away with screwing the consumer?
DrDeth
August 19, 2008, 3:16am
15
I am not sure if its false. :dubious:
I know in CA many gays were listed as “sex offenders” for having gay sex in semi-public places. Of course, a straight would just get run off. Too damn many crimes are “sex crimes”.
