Sex Offender

[EsposaLoca]

What is the name of your state? CA
In 1998 my husband was at a private, house party in a small town in Texas, where he was living at the time. There was drinking, and who knows what else. He was the resident photographer in this town, weddings, sports teams, families and all those aspiring models. Two of the female attendees apparently wanted their photos taken, together, and they were topless. Long story short, they were 16 and 17 years old at the time. He didn't know, and didn't check ID (I am guessing because of the casual situation..or heck, what guy at a party is going to check ID for two topless chicks?). Apparently one of the girls saught counseling for depression or something and showed her 'therapist' a photo of her and her 'girlfriend', this was the photo my husband took. The therapist had to alert the proper authorities...

My husband was charged with two counts of "sexual performance of a child" and even though his case was settled via "deferred adjudication" he still has to register as a sex offender for the REST OF HIS LIFE. Now, we are living in California because the laws here are much more logical re; sex offender laws.

Doesn't deferred adjudication mean that you are charged but not convicted? How can you be required to register as a sex offender when you were never convicted of a sex crime?

Here is the clincher. We are basically broke. The lawyer that we did hire to represent him got him where he is at now....so we are a bit weary and others want $10k retainers. Don't have that kind of money. Any advise? Thoughts?

 

[I AM ALWAYS LIABLE]

Here is the clincher. We are basically broke. The lawyer that we did hire to represent him got him where he is at now....so we are a bit weary and others want $10k retainers. Don't have that kind of money. Any advise? Thoughts?

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My response:

Any "advice" or "thoughts" about what?

Did you want us to pass around a collection plate?

IAAL

 

[EsposaLoca]

reply

I was thinking more like referrals to agencies that would help with this sort of thing. But I guess that's another pipe dream. Thank you for shooting me down.

 

[pass23431]

That's what we're here for, a little old faishoned dose of REALITY!

 

[calatty]

Here's more reality. The sex offender registration laws here in CA are among the harshest in the country, if not the harshest. If that is "logical" to you, so be it. They involve notifying the police agency where you moved from and the agency where you moved to whenever you move, and renewing your registration every year within days of your birthday. A violation of the requirements is a felony carrying a sentence of 16 months, two year, or three years. If he has prior convictions that qualify as strikes in this state, a violation of the requirements could land him a life sentence. The registration requirements are set out in Penal Code section 290.

 

[Jeter]

He was the resident photographer in this town, weddings, sports teams, families and all those aspiring models.

A*- Resident photographer? Is this Mayberry? CA has "talent scouts" around every corner! Nice racket your husband has being the "resident photographer". Weddings, sports teams, families...and- oh yeah nude girls.

 

[EsposaLoca]

Thanks everyone! You have REALLY helped!

To 'calatty' - I am quite familiar with the sex offender laws in California. We moved here from Texas. He registers here, just as he is supposed to, every year within 7 days of his birthday. By "logical" I meant exactly that. In California, there is a graduated tier of sex crimes, and each offender is expected to register in respect to the sex crime for which he is convicted. This just seems logical to me. In Texas, whether you eat little boys for lunch or you take photos of topless teenagers, you are lumped in to the same group. That's not logic to me. And, yes, they did contact the jurisdiction he transferred from. They do that everywhere, not just California. He shows up for his appointments and does everything he's required to do. And, for what it's worth, he has zero prior convictions and is not in the running to do any time. Thanks for your concern though.

To 'Jeter' - Did you read the post? At all? The first sentence explains that he was in a small town in TEXAS, and yes, it may has well have been Mayberry with the way the city, county and state governments work there. My husband and I are both aware of the number of 'talent scouts' in California.

Thanks to everyone on this forum for your insight to the world.

 

[Jeter]

Yeah, you're right. Gotta admit, if I'm gonna be a sarcastic SOB, at least I should get the facts straight. It's still an interesting gig though. Carry on.

 

[stephenk]

what did your husband plead guilty or no contest to?

 

[calatty]

Actually, it's within 5 working days of his birthday. And CA does not have a graduated system. Every one is lumped together and has to register for life. The sexual performance law under which he was convicted, and laws like it, are very controversial and have been questioned by legal scholars and others because they encroach on the first amendment. An almost identical law exists in CA, Penal Code section 311.4. Because courts have defined sexual conduct so broadly to include almost any picture of a scantily clad minor, there have been prosecutions of grandmothers for taking pictures of their grandchildren running around on the beach, etc.

 

[The Butcher]

If I am not mistaken there are free legal aid clinics for indigent clients. You might contact the state bar association.

Also check this link... it might help

And best of luck to you.

http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?sCategoryPath=/Home/Public Services/Consumer Information/Pamphlets&sImagePath=Hiring_A_Lawyer.gif&sCatHtmlPath=html/Pamphlets_Hire-Lawyer.html&sFileType=HTML&sHeading=Hiring a Lawyer#lawer15