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Wrong to inform the neighbors of sex offender?

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djt72

Junior Member
What is the name of your state? NY

Hi, I was just wondering if it is legal for me to let the neighbor's know that the man who lives next door to me is a Child Molester.
He has been convicted and was given probation and 10 years on the NY Sex Offender Registry. The problem is he is only a level one. (Low Risk). The schools only send home notices if they are a level 2 or 3. My feeling is this may be the 1st time he was caught but I bet it is not the 1st time this has happened. The girl he molested is 11 years old. Our properties touch the elementary school property and kids are walking home past his house everyday. I feel people have a right to know and inform their children to never talk to him or go near him. I was told this would be considered slander if I did this. I am not lying about the crime they can call and verify so how can this be slander? Isn't slander when you lie to ruin someone's life? He has ruined at least 1 little girl for the rest of her life and I do not want to see it happen to another.

Also, he commited this crime in another city then after arrested moved in with his parents behind the school. I know they say you can't make someone move, but is it legal for him to move near kids after he did this?
He does not own this home so why was it legal for him to move next to a school after the fact. I understand that if the crime is commited they have a legal right to live in their own home but he does not even own this house, this is his parents home. He is over 38 years old, old enough to find a place on his own yet the courts let him move near a school? Part of his probation is he is not allowed on school property for any reason, not allowed on playgrounds or anywhere children gather. He is not allowed to leave the state of NY even for his job. (He is a truck driver)Also, he has to report to his probation officer so often. If any of these conditions are broken he will immediatly go to jail.
I wanted to put a restraining order against him so he can't come near my children, but I was told I can not do that unless he was to do something to us.
Is that true?
Also,
Is it legal for him to move near an elementary school after being charged and now convicted if he does not have any ties to the house he lives in?

My 3rd and final question is that if he is allowed to stay and we decide to move, do we have to disclose to interested buyers of our property that he is a molester? (Don't get me wrong, I want to world to know how sick he is.)If so, will that hurt the sale of our home and bring down it's value?

These issues have really upset me, and I would love to see him set foot on school grounds so I can call the police and see him go where he should have in the 1st place. I do not talk to him or even go outside when he is out. I want nothing to do with him or his family.

Thanks for listening to my problems and I hope someone can let me know how to handle all these issues.
 


CdwJava

Senior Member
The criminal laws tend to punish or restrict state agencies from informing the public. You are not an agent of the state.

However, by releasing the information you COULD find youself subject to a lawsuit for a number of different things ... but, if the information you released was truthful, at least you can't be sued for libel or slander.

And, no, you likely won't be able to get a restraining order unless you have some good cause besides his prior conviction.

I would be very careful about spreading the word far and wide unless you first consult an attorney. The law in NY MAY hold some form of punishment for people who reveal this kind of information in a malicious manner - and what you are doing might be seen as malicious and not with any good cause.

It's a very tenuous path to start revealing information unless you are absolutely certain of the facts. And, depending on how you got this information, you might put others at risk if they gave you this information from sources they should not have.

- Carl
 

djt72

Junior Member
depending on how you got this information, you might put others at risk if they gave you this information from sources they should not have.


I have received most of my information from the parents of the girl. I also called the registry to see what level he was finally put on and why. I called the DA who handled the case and he gave me all the details of his probation. I do not feel I am being malicious, just want others to know who, and what he is, so they do not fall victim as well. How much trouble can I be in for doing this? Are we talking jail time? If so, that is wrong that I can get in trouble for this and he gets away with what he did. Thanks for getting back so quickly, I really appreciate it.
 

CdwJava

Senior Member
I am really not familiar with NY laws in this regard, so I just can't say how much - if any - trouble you might be in. Chances are you're okay ... provided the information you have is accurate and truthful. But, I just don't know.

Your best bet would still be to talk with a lawyer just to be safe.

- Carl
 

djt72

Junior Member
Thanks I really appreciate it. I will have to call someone this week and find out what I can legally do. I believe the neighbors should know. I could not live with myself if something happened and I knew what he had done in the past and did nothing to prevent another child from being hurt. I think the laws really need to be much harsher for crimes against a child. It just makes me sick whenever I think about how her life is forever changed. She is getting help, mentally, but I think in the future she is going to have major trust issues with men. It is just so wrong that he gets to walk free, and she suffers everyday.
Thanks for all your help! :)
 

JETX

Senior Member
CdwJava said:
but, if the information you released was truthful, at least you can't be sued for libel or slander.
With all due respect, that is not true.

Anyone can sue almost anyone else over almost anything. And in this case, the writer COULD be sued for defamation. However, since the writer is apparently telling the truth and can prove it, then the lawsuit would likely be dismissed pretty quickly. But not before the writer would have to face what could be considerable legal fees in defending him/herself against the claim.
 

JETX

Senior Member
To the original OP. Providing this information to others may bring on a problem.

The following is from the Queen's Tribune:
"Information on Level 1 offenders, or those convicted prior to Jan. 1, 1996, are not disclosed to the public."
Source: http://www.queenstribune.com/feature/LearningAboutSexOffendersI.html

And with that, the following would be a concern:
"The unauthorized release of any sex-offender-registration information is a Class B misdemeanor. (N.Y. Correct. Law. § 168-u)

It is illegal to use information obtained through the “900” number to commit an offense against any person listed or to engage in illegal discrimination or harassment against such person. (N.Y. Correct. Law § 168-p(2)(e))

Any person who uses sex-offender-registration information in violation of the law will, in addition to any other penalty or fine imposed, be subject to a fine of no less than $500, but no more than $1,000. Unauthorized removal or duplication of the Subdirectory of Level-Three Sex Offenders from the offices of local, village, or city police department is punishable by a fine not to exceed $1,000. The attorney general, any district attorney, or any person aggrieved is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for such action. (N.Y. Correct. Law. § 168-q(2))
"

Though I applaud your concern, you could be causing a problem for yourself in playing 'Paul Revere'.
 

djt72

Junior Member
Is there anything I can do legally to get the word out about this guy? What are the rights of the public knowing? The registry is open to all who call and the same info. will be given to them, but they need to know who they are calling about. Thanks so much for the quick replys.
 

CdwJava

Senior Member
JETX said:
With all due respect, that is not true.

Anyone can sue almost anyone else over almost anything. And in this case, the writer COULD be sued for defamation. However, since the writer is apparently telling the truth and can prove it, then the lawsuit would likely be dismissed pretty quickly. But not before the writer would have to face what could be considerable legal fees in defending him/herself against the claim.
My error ... I should have said that if the information were true, they ultimately would likely not be found guilty of libel or slander. And also why I recommend they consult local counsel before trying this.

While it seems so simple and perfectly lawful, I have seen this sort of thing end up in the courts before, and it could become an expensive ordeal if there are laws that will come back to bite him.

- Carl
 

CdwJava

Senior Member
djt72 said:
Is there anything I can do legally to get the word out about this guy? What are the rights of the public knowing? The registry is open to all who call and the same info. will be given to them, but they need to know who they are calling about. Thanks so much for the quick replys.
I wonder if simply passing the word recommending people call the registry on the guy would be simple enough? That way you aren't passing any bad information, you are just recommending people find out for themselves.

If the rumor mill at your school is similar to the ones here, word will get around fast enough.

- Carl
 

JETX

Senior Member
djt72 said:
The registry is open to all who call and the same info. will be given to them, but they need to know who they are calling about.
That is directly contrary to your own post where you said that "I have received most of my information from the parents of the girl." Your post also confirms that this is a class 1 violator. As such, his registry information will NOT be released to the public (as shown in my post). With that, how do you propose the you somehow 'hint' that people check the registry when his information will not be revealed???
 

You Are Guilty

Senior Member
As Det. JETX noted, Lev1 offenders' info is not publicly released. So how was it that the OP found out all the details in the first place (and spoke to the DA?!?)


Back on point, just remember, there is nothing on earth faster than the speed of rumor.
 

djt72

Junior Member
If you call the NY Sex Offender 800 # and give them the name of the person and their address they WILL tell you if they are listed and what level. They also gave me the exact charges Lenny* got. I can't remember every one now, but I know, Endangering the welfare of a child, sex abuse of a minor-or something like that.

I called the same DA that my friend Mary* used. I told him I wanted to know what was going on with my neighbor Lenny* and why is he allowed to live by a school. He told me all the details of the charges, probation and that the courts can't make him move. I just don't understand why he can move near a school AFTER he commited this. I understand these people have to live somewhere, but to move near a school after the crime has been commited worries me.

The schools only notify if the offender is a level 2 or 3. The only ones listed on the Registry online for all to see--- are level 3. YOU have to call and inquiry about the level 1 and 2. I think that is messed up, nobody calls on someone if they don't think anything is wrong. That would be like me calling to see if every man I know is listed. If I do not see them online, they still might be a level 1 or 2.

I called the DA today that handled the case and he was in court and out of the office but I left a voice mail for him to call me back. He is very good at returning calls and I am sure I will hear back from him on Mon. or Tues about the issue of me telling neighbors. (what I can and can't say)
Thanks for all the responses, I really do appreciate it.

*names changed to protect privacy. wish I could give out HIS full name though!
 

djt72

Junior Member
Sorry, I have been busy and not able to post my reply after speaking with the DA here in Syracuse, NY. He said that I can tell his name and what he did. Because the law ties the hands of state officals to do this, doesn't mean I can't. As long as I am only giving out the facts, like he is a level 1 sex offender, his name, address, and what he was charged with. He said with my friends permission I can include that information too. I also talked to him about why noone gets informed on a level 1. He told me in so many words, that
Albany has made that decision with some real complicated laws. I am going to be writing the legislature to get this changed. Does anyone have any pointers I can put it, or how I should address this issue. I think it is important that if the level 2 and 3 sex offenders are posted and known, that the level 1 should also have to be known. They should not be aloud to hide behind a law that protects them from being known. This is not fair to future victims. If people are aware, there would not be another victim because noone ever knew, parents could inform the kids to stay away from him.
There has to be something that can be done about this.
Thanks,
demi
 

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