• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can a Non-Convicted Sex Offender have a Facebook Account?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Giesting

Junior Member
What is the name of your state (only U.S. law)? Texas

Hello. Can a non-convicted sex offender legally have a Facebook account?

I have read the Facebook Statement of Rights and Responsibilities at:
http://www.facebook.com/legal/terms

Section 4, Number 6 states "You will not use Facebook if you are a convicted sex offender."

This clearly says 'CONVICTED sex offender' which leads me to believe that a non-convicted sex offender is perfectly fine.

After successfully completing a deferred adjudication term a person may have a non-conviction record, but may still have to register. At least that is my current understanding so far.

Please correct me if I am mistaken.

So in short: If a person successfully completes a term of deferred adjudication, but still has to register--can they legally have a Facebook account?

Thank you.
 


sandyclaus

Senior Member
ANYONE can have a Facebook account. There are many who have them who do so in violation of FB's Terms of Service.

The problem lies in the fact that FB does no verification whatsoever on it's accounts when created. They have no way of knowing whether or not you meet their ToS requirements, they are just counting on the fact that you DO and take action only if they learn that you do not (through reporting or random checks).

But dude, if you are a sex offender of any sort, whether or not there is a conviction record, you need to stay away from FB. (Or add me once you have created your account, so that I can notify FB and they can deactivate and block you permanently).
 

mustangapril

Junior Member
?? Isn't "non convicted sex offender" an oxy moron? If you are labeled a sex offender, you have been convicted whether it was yesterday or 20 yrs ago. Stay AWAY from fb for the sake of other people's children!!
 

Giesting

Junior Member
@Proserpina: I have tried to find a way to directly contact Facebook but there doesn't seem to be an easy method. I had a friend post on the "Community Support" with no response. I can't find a working e-mail or phone number that directs me anywhere useful.

@sandyclaus: Thank you for the feedback. I see what you mean about FB having no real enforcement or verification other than other users reports. As for the comment about staying away from Facebook, I think that comes from a lack of understanding. A person can be made to register for simply urinating in public. (In the past at least.) Not all sex offenses involve or are even related to children. It's almost too broad, but I'm not here to discuss opinions. Thank you.

@mustangapril: Please read my notes to sandyclaus. I have asked my question because I am looking for an answer--not a personal perspective on the issue. Thank you.

If anyone has any legal advice, or information on where I can go to get a proper answer, I would greatly appreciate it.
 

Proserpina

Senior Member
@Proserpina: I have tried to find a way to directly contact Facebook but there doesn't seem to be an easy method. I had a friend post on the "Community Support" with no response. I can't find a working e-mail or phone number that directs me anywhere useful.

@sandyclaus: Thank you for the feedback. I see what you mean about FB having no real enforcement or verification other than other users reports. As for the comment about staying away from Facebook, I think that comes from a lack of understanding. A person can be made to register for simply urinating in public. (In the past at least.) Not all sex offenses involve or are even related to children. It's almost too broad, but I'm not here to discuss opinions. Thank you.

@mustangapril: Please read my notes to sandyclaus. I have asked my question because I am looking for an answer--not a personal perspective on the issue. Thank you.

If anyone has any legal advice, or information on where I can go to get a proper answer, I would greatly appreciate it.
1. Contacting Facebook directly is not difficult. Try harder ;)

2. Contact an attorney.
 

Giesting

Junior Member
Thank you for the feedback. :)

I will keep trying to contact Facebook. If you have any direction in where I should be searching, I would appreciate it.

As for contacting an attorney, that is always a great idea. I just figured I'd ask here and see what answers I could find.

I will post any information I find from other means.
 

swalsh411

Senior Member
The angry mob today has sure brought out the pitchforks and torches without knowing a whole lot.

You all realize that in some some States a public urination charge can get you labeled as a "sex offender" right?

If the Judge thought the OP was a serious danger he would not have allowed the issue to resolve itself as it did.

Oh and to answer your original question you cannot get in trouble because you violate facebook's TOS. You would get in a trouble if you were told not to have a social media profile and you did anyway. The only thing they might do is shut your account down. You should know if you have any restrictions on what you can and can not do.
 

Giesting

Junior Member
@swalsh411: I cannot fault the other posters for a simple misunderstanding. However, I am pleased that not everyone wields a pitchfork. Your answer has been quite helpful. Thank you.

If I can get some professional advice or direct feedback from Facebook regarding this issue, I will be sure to post it here for others.
 

davew128

Senior Member
I am going to mimick Mustanapril's response. If you aren't convicted of a sex offense, you aren't a sex offender. Anything else is totally irrelevant.
 

Isis1

Senior Member
The angry mob today has sure brought out the pitchforks and torches without knowing a whole lot.

You all realize that in some some States a public urination charge can get you labeled as a "sex offender" right?

If the Judge thought the OP was a serious danger he would not have allowed the issue to resolve itself as it did.

Oh and to answer your original question you cannot get in trouble because you violate facebook's TOS. You would get in a trouble if you were told not to have a social media profile and you did anyway. The only thing they might do is shut your account down. You should know if you have any restrictions on what you can and can not do.
it's not the urinating that is a sexual offense. it's the exposing the genitals in an area where they are possible children such as a park.
 

davew128

Senior Member
it's not the urinating that is a sexual offense. it's the exposing the genitals in an area where they are possible children such as a park.
So merely being seen in a state of undress in public should be a lifetime mark? Remember we are talking about public urination here. The point of the charge is urinating in public. Why? Because someone needed to urinate. This isn't lewd & lascivious conduct. As a point of reference, in CA public nudity isn't a sex offense. If the exposing of genitalia in the act of urinating was so grossly offensive and sexual, another crime would be charged and it would be because something else was happening, not just because of what one was doing.

I would also point out that one can be charged with public urination without someone actually seeing genitalia.
 
T.

You all realize that in some some States a public urination charge can get you labeled as a "sex offender" right?

.
But you can get uromisitousous(sp?) if you hold it in to long! Lucky I don't live in one of those states! Or I could die!

Nobody cares about facebook TOS .. its 50% freakshow.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top