# Sex offender list notification USELESS

**URL:** <https://boards.straightdope.com/t/sex-offender-list-notification-useless/558391>\
**Category:** Great Debates\
**Created:** [October 26, 2010, 6:35am UTC](https://boards.straightdope.com/t/sex-offender-list-notification-useless/558391 "2010-10-26T06:35:53Z")\
**Posts on this page:** 11\
**Page:** 2

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [October 26, 2010, 8:14pm UTC](https://boards.straightdope.com/t/sex-offender-list-notification-useless/558391/21 "2010-10-26T20:14:32Z")

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> [@villa](#):
>
> But if he isn’t going to be sentenced to prison, is he automatically entitled to counsel? I honestly cannot remember when it the right is triggered for non-felonies. And yes, this is mixing it up from the prior hypothetical…

They just added misdomeaners to the list of crimes that get Public Defender counsel here. Of course, he’s always entitled to hire his own lawyer.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [October 26, 2010, 8:32pm UTC](https://boards.straightdope.com/t/sex-offender-list-notification-useless/558391/22 "2010-10-26T20:32:22Z")

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> [@Damuri\_Ajashi](#):
>
> Why should anything other than pedophilia and violent rape be on the list?

> [@DrDeth](#):
>
> The Laws wording makes sense, but there’s no sensible purpose to it. No one is harmed, and there is no need to track this person on a list- a list that includes public nudity but not murder, ADW, home robberies, grand larceny, and what not.
> 
> Why is INDECENT EXPOSURE so much more dangerous to the public than a multiple homicide? Personally, in only a few cases can I see INDECENT EXPOSURE being a crime- but certainly not a crime that needs special tracking, over and above violent felonies.

Both the posts quoted above make the same basic point.

But let’s understand that there’s a difference between intended consequences that you believe are foolish, and unintended consequences. A sex offense registration requirement for someone guilty only of peeing in public is not an intended consequence of the law. So you are correct to argue that, if this is a possible outcome, the law needs to be changed, because presumably even the drafters of the law would agree with you.

But if you argument changes to, "A flasher - someone who exposes himself for the purpose of sexual gratification - should not be on the sex offense registry, you’re making a different argument, one that the drafters of the law would likely NOT agree with. I don’t say you’re right or wrong, but your argument has left the arena I came in to address, namely that innocent urination in public posed a real risk of sex offense registration.

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**Author:** ![villa](https://avatars.discourse-cdn.com/v4/letter/v/bc79bd/32.png) [@villa](https://boards.straightdope.com/u/villa)\
**Post date:** [October 26, 2010, 8:45pm UTC](https://boards.straightdope.com/t/sex-offender-list-notification-useless/558391/23 "2010-10-26T20:45:48Z")

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> [@DrDeth](#):
>
> They just added misdomeaners to the list of crimes that get Public Defender counsel here. Of course, he’s always entitled to hire his own lawyer.

My recollection is that you only have a constitutional right to counsel if you are facing prison. I just cannot remember the details.

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**Author:** ![Skammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skammer/32/143_2.png) [@Skammer](https://boards.straightdope.com/u/Skammer)\
**Post date:** [October 26, 2010, 9:02pm UTC](https://boards.straightdope.com/t/sex-offender-list-notification-useless/558391/24 "2010-10-26T21:02:03Z")

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**jackdavinci** , make sure you post the reply you get from the school.

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**Author:** ![jackdavinci](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackdavinci/32/3259_2.png) [@jackdavinci](https://boards.straightdope.com/u/jackdavinci)\
**Post date:** [October 27, 2010, 5:31am UTC](https://boards.straightdope.com/t/sex-offender-list-notification-useless/558391/25 "2010-10-27T05:31:29Z")

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Another thing which pissed me off - in the FAQ on the NY website, it says that while juvenile offenders have their criminal records sealed, their sex offender status is not sealed. Keep in mind that the options are 20 years for Level I and LIFE for any other level.

> [@Skammer](#):
>
> **jackdavinci** , make sure you post the reply you get from the school.

No response yet. perhaps I was overly confrontational.

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**Author:** ![bengangmo](https://avatars.discourse-cdn.com/v4/letter/b/50afbb/32.png) [@bengangmo](https://boards.straightdope.com/u/bengangmo)\
**Post date:** [October 27, 2010, 6:32am UTC](https://boards.straightdope.com/t/sex-offender-list-notification-useless/558391/26 "2010-10-27T06:32:45Z")

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> [@DrDeth](#):
>
> The Laws wording makes sense, but there’s no sensible purpose to it. No one is harmed, and there is no need to track this person on a list- a list that includes public nudity but not murder, ADW, home robberies, grand larceny, and what not.
> 
> Why is INDECENT EXPOSURE so much more dangerous to the public than a multiple homicide? Personally, in only a few cases can I see INDECENT EXPOSURE being a crime- but certainly not a crime that needs special tracking, over and above violent felonies.

Perhaps it because in America they are more afraid of Sex than Death?

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [October 27, 2010, 10:23am UTC](https://boards.straightdope.com/t/sex-offender-list-notification-useless/558391/27 "2010-10-27T10:23:42Z")

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> [@jackdavinci](#):
>
> No response yet. perhaps I was overly confrontational.

Perhaps you should send it to the media as well.

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**Author:** ![Mighty\_Mouse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mighty_mouse/32/7776_2.png) [@Mighty\_Mouse](https://boards.straightdope.com/u/Mighty_Mouse)\
**Post date:** [October 27, 2010, 1:32pm UTC](https://boards.straightdope.com/t/sex-offender-list-notification-useless/558391/28 "2010-10-27T13:32:03Z")

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> [@Fear\_Itself](#):
>
> Perhaps you should send it to the media as well.

And transfer his kids to private school?

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**Author:** ![Jimmy\_Chitwood](https://avatars.discourse-cdn.com/v4/letter/j/f475e1/32.png) [@Jimmy\_Chitwood](https://boards.straightdope.com/u/Jimmy_Chitwood)\
**Post date:** [October 28, 2010, 7:40pm UTC](https://boards.straightdope.com/t/sex-offender-list-notification-useless/558391/29 "2010-10-28T19:40:28Z")

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> [@villa](#):
>
> My recollection is that you only have a constitutional right to counsel if you are facing prison. I just cannot remember the details.

Right to counsel attaches if there’s any loss of liberty, so a little broader than just “facing prison,” but yeah. That’s [_Argersinger_](http://www.law.cornell.edu/supct/html/historics/USSC_CR_0407_0025_ZO.html).

> [@](#):
>
> We hold, therefore, that, absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial.

Something like a [suspended sentence](http://en.wikipedia.org/wiki/Alabama_v._Shelton) counts, too, because of the potential loss of liberty.

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**Author:** ![villa](https://avatars.discourse-cdn.com/v4/letter/v/bc79bd/32.png) [@villa](https://boards.straightdope.com/u/villa)\
**Post date:** [October 28, 2010, 7:43pm UTC](https://boards.straightdope.com/t/sex-offender-list-notification-useless/558391/30 "2010-10-28T19:43:06Z")

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Thanks - Crim Con was a LONG time ago, and you know what it’s like. Use it or lose it. 🙂

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**Author:** ![Jimmy\_Chitwood](https://avatars.discourse-cdn.com/v4/letter/j/f475e1/32.png) [@Jimmy\_Chitwood](https://boards.straightdope.com/u/Jimmy_Chitwood)\
**Post date:** [October 28, 2010, 7:49pm UTC](https://boards.straightdope.com/t/sex-offender-list-notification-useless/558391/31 "2010-10-28T19:49:30Z")

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It’s only been a couple of years for me and I already know what it’s like. I try to use these threads like a personal trainer.

I wouldn’t have come up with the name Argersinger if I had all week.

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