Stupid Redneck, but not Sexual Predator

[alligatorob]

Florida - My nephew is in a really frustrating situation, if anyone has any suggestions for help please chime in, if not at least I can vent here.

Nephew at 19 had improper sexual contact with a 15 year old. No intercourse, but in appropriate touching happened. He and the girl agree on what happened, no fact issue here. Her mother tried to blackmail nephew to keep them from going to police, when nephew didn’t pay they went to the police. Nephew was stupid did not know he was breaking the law and so admitted to everything. Girl had been sexually active for a while, this is not the first guy she brought charges against for a similar situation, looks to me like she and her mother made a living this way.

Nephew plead guilty and spent 11 months in jail, then after being out 2 months failed to let he parole officer know where he was and went back in for 8 more months. Now he is out on parole and working construction as an independent contractor. His new parole officer is insisting that he inform the home owners and neighbors everywhere he works that he is a convicted sexual predator. Needless to say this is hurting his ability to get work and keep employed. He has other problems, he can’t see his kids unsupervised and can’t leave the county. He is on the sex offender website along side the real pedophiles and worse.

This has been his only run in with the law, otherwise he has been clean.

I know Nephew is and has been really stupid, he has proven that over and over again, but he is no threat to society and hardly a sexual predator in any real sense of the word I can understand. He has a lawyer and is trying to get a court order to change the conditions of his parole, but it seems to be an uphill battle with nothing happening fast except for attorney's billing. Any ideas would be appreciated.

If nothing else let this be a lesson to other stupid and potentially stupid kids, just don’t do it!

 

[HomeGuru]

Florida - My nephew is in a really frustrating situation, if anyone has any suggestions for help please chime in, if not at least I can vent here.

Nephew at 19 had improper sexual contact with a 15 year old. No intercourse, but in appropriate touching happened. He and the girl agree on what happened, no fact issue here. Her mother tried to blackmail nephew to keep them from going to police, when nephew didn’t pay they went to the police. Nephew was stupid did not know he was breaking the law and so admitted to everything. Girl had been sexually active for a while, this is not the first guy she brought charges against for a similar situation, looks to me like she and her mother made a living this way.

Nephew plead guilty and spent 11 months in jail, then after being out 2 months failed to let he parole officer know where he was and went back in for 8 more months. Now he is out on parole and working construction as an independent contractor. His new parole officer is insisting that he inform the home owners and neighbors everywhere he works that he is a convicted sexual predator. Needless to say this is hurting his ability to get work and keep employed. He has other problems, he can’t see his kids unsupervised and can’t leave the county. He is on the sex offender website along side the real pedophiles and worse.

This has been his only run in with the law, otherwise he has been clean.

I know Nephew is and has been really stupid, he has proven that over and over again, but he is no threat to society and hardly a sexual predator in any real sense of the word I can understand. He has a lawyer and is trying to get a court order to change the conditions of his parole, but it seems to be an uphill battle with nothing happening fast except for attorney's billing. Any ideas would be appreciated.

If nothing else let this be a lesson to other stupid and potentially stupid kids, just don’t do it!

**A: Ok, thanks for writing.

 

[Just Blue]

Florida - My nephew is in a really frustrating situation, if anyone has any suggestions for help please chime in, if not at least I can vent here.

Nephew at 19 had improper sexual contact with a 15 year old. No intercourse, but in appropriate touching happened. He and the girl agree on what happened, no fact issue here. Her mother tried to blackmail nephew to keep them from going to police, when nephew didn’t pay they went to the police. Nephew was stupid did not know he was breaking the law and so admitted to everything. Girl had been sexually active for a while, this is not the first guy she brought charges against for a similar situation, looks to me like she and her mother made a living this way.

Nephew plead guilty and spent 11 months in jail, then after being out 2 months failed to let he parole officer know where he was and went back in for 8 more months. Now he is out on parole and working construction as an independent contractor. His new parole officer is insisting that he inform the home owners and neighbors everywhere he works that he is a convicted sexual predator. Needless to say this is hurting his ability to get work and keep employed. He has other problems, he can’t see his kids unsupervised and can’t leave the county. He is on the sex offender website along side the real pedophiles and worse.

This has been his only run in with the law, otherwise he has been clean.

I know Nephew is and has been really stupid, he has proven that over and over again, but he is no threat to society and hardly a sexual predator in any real sense of the word I can understand. He has a lawyer and is trying to get a court order to change the conditions of his parole, but it seems to be an uphill battle with nothing happening fast except for attorney's billing. Any ideas would be appreciated.

If nothing else let this be a lesson to other stupid and potentially stupid kids, just don’t do it!

What is your legal question?

 

[Kane]

Unfortunately, there's little or nothing he can do to fix the situation now. Aside from going back in time, and handling things differently, he's stuck with this label. All he can do is comply with the terms and conditions of his parole, stay on the straight and narrow, and live the best life he can.

There are thousands of people in his situation. Many people think the "sexual offender label only applies to child molestors. As you know, it applies to cradle-robbers too.

 

[JETX]

Nephew at 19 had improper sexual contact with a 15 year old. No intercourse, but in appropriate touching happened.

You can spin it how you want... but if he is required to register, this was FAR more than just 'inappropriate touch'.

In order to be required to register, a FELONY CONVICTION must have occurred.....

775.21 The Florida Sexual Predators Act.--
4) SEXUAL PREDATOR CRITERIA.--

(a) For a current offense committed on or after October 1, 1993, upon conviction, an offender shall be designated as a "sexual predator" under subsection (5), and subject to registration under subsection (6) and community and public notification under subsection (7) if:

1. The felony is:
a. A capital, life, or first-degree felony violation, or any attempt thereof, of s. 787.01 or s. 787.02, where the victim is a minor and the defendant is not the victim's parent, or of chapter 794, s. 800.04, or s. 847.0145, or a violation of a similar law of another jurisdiction; or

b. Any felony violation, or any attempt thereof, of s. 787.01, s. 787.02, or s. 787.025, where the victim is a minor and the defendant is not the victim's parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or a violation of a similar law of another jurisdiction, and the offender has previously been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 787.01, s. 787.02, or s. 787.025, where the victim is a minor and the defendant is not the victim's parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or s. 847.0145, or a violation of a similar law of another jurisdiction;
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0775/ch0775.htm

 

[alligatorob]

Ok JETX, I appreciate the response and for own peace of mind I would like to understand this a bit better. Nephew plead out and all I hear is his side of the story. This is what it says on his “Sex Offender” flyer posted on the Florida Department of Law Enforcement’s Website:

Qualifying Offense(s): Lewd Or Lascivious Molestation Victim 12-15 Years Old Offender 18 Or Older (Principal)

And this is what I found in the Florida Statutes, Section 800.04:

(5) LEWD OR LASCIVIOUS MOLESTATION. --

(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.

Am I missing something? Does this suggest my Nephew is guilty of more than the “inappropriate touch” we have been led to believe? If he is my sympathy for him will go down.

Thanks

 

[seniorjudge]

Ok JETX, I appreciate the response and for own peace of mind I would like to understand this a bit better. Nephew plead out and all I hear is his side of the story. This is what it says on his “Sex Offender” flyer posted on the Florida Department of Law Enforcement’s Website:

Qualifying Offense(s): Lewd Or Lascivious Molestation Victim 12-15 Years Old Offender 18 Or Older (Principal)

And this is what I found in the Florida Statutes, Section 800.04:

(5) LEWD OR LASCIVIOUS MOLESTATION. --

(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.

Am I missing something? Does this suggest my Nephew is guilty of more than the “inappropriate touch” we have been led to believe? If he is my sympathy for him will go down.

Thanks

"Inappropriate touching" is mealy-mouth way of saying chld molestation.

As with all sexual predators, your nephew will try to minimize his grossly horrible behavior.

 

[CdwJava]

We have a legal scholar here!

Can you name one sexual offense that IS NOT consider a felony? Get a law degree, fool.

Geez ... that's easy! I can name a few in CA that are sexually related offenses that are NOT felonies.

Before you post a challenge like that, be sure you know the answer ... it makes YOU look the fool, not the other guy.

- Carl

 

[CdwJava]

nephew IMHO is not a child molestor. Just broke antiquated laws of your state.

Unfortunately for the OP, your opinion is entirely irrelevent. The law says he committed the crime.

- Carl

 

[Shay-Pari'e]

We have a legal scholar here!

Can you name one sexual offense that IS NOT consider a felony? Get a law degree, fool.

Jetx and SJ both have law degrees you moron. It is painfully obvious why you are trolling this forum and commenting on old posts.

 

[CdwJava]

Jetx and SJ both have law degrees you moron. It is painfully obvious why you are trolling this forum and commenting on old posts.

Ya notice that most (maybe all?) of his posts have to do with sex-related crimes?

Maybe someone has a little ... uh ... fixation?

- Carl

 

[Shay-Pari'e]

Unfortunately for the OP, your opinion is entirely irrelevent. The law says he committed the crime.

- Carl

Check out his posts Carl.

 

[Heather2]

This thread is from February.