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Supended Implementaion of Sentence vs. Megan's Law

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W

wannano

Guest
Our son had consentual sex with an underage girl in 1996. He was 25 and she told him she was 17 after she had "chased" him for a few weeks. The night that he took her out "in the heat of the moment" she confessed that she was only 16 but would be 17 in a month. After her father went to the police, our son found out she was really 15 and would be 16 in a month. He asked for a lawyer and was told none was available at 2 a.m in that small town, and that things would go better for him if he told the whole truth in writing. He had been taught not to lie and to trust the system so he unwisely did as the police asked. By the time we got a lawyer, he said "if we start to play hardball, then your son may get prison time". Since the girl had been in trouble before, and the family had never followed up with requested counseling, etc., our son was given an SIS with two yrs. probation and attended a sex offender counseling group weekly for the two yrs. at $25 a wk. The other members of the group were from broken homes, etc. and even commented to our son that something must be wrong with his parents or he wouldn't be a sex offender. His probation officer (a young woman) told him several times that she did not think he got enough punishment. However, he did say he learned some things from the group and has not reoffended and will not. The problem is that his probation officer told him he had to register as a sex offender for the rest of his life. All this happened when we lived in MO. Now our son lives in KS and as told he registered with local police when he moved there. Now he is on the internet with picture, address, etc. and it says his offense was statutory rape of the second degree. When he called the county in MO, they say as far as they are concerned his records are now sealed because he had an SIS. However, he is afraid not to register because he does not want to "ever be in jail again" Someone told him to write the governor and get a pardon, but some lawyers say you can't get a pardon from an SIS because it is not a conviction. We are all so confused. How do we go about finding out the truth about his registering requirement. He is active in his church and community, knows he made a mistake, but must this mistake ruin the rest of his life? Please help us!!!!
 


I

I AM ALWAYS LIABLE

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by wannano:
Our son had consentual sex with an underage girl in 1996. He was 25 and she told him she was 17 after she had "chased" him for a few weeks. The night that he took her out "in the heat of the moment" she confessed that she was only 16 but would be 17 in a month. After her father went to the police, our son found out she was really 15 and would be 16 in a month. He asked for a lawyer and was told none was available at 2 a.m in that small town, and that things would go better for him if he told the whole truth in writing. He had been taught not to lie and to trust the system so he unwisely did as the police asked. By the time we got a lawyer, he said "if we start to play hardball, then your son may get prison time". Since the girl had been in trouble before, and the family had never followed up with requested counseling, etc., our son was given an SIS with two yrs. probation and attended a sex offender counseling group weekly for the two yrs. at $25 a wk. The other members of the group were from broken homes, etc. and even commented to our son that something must be wrong with his parents or he wouldn't be a sex offender. His probation officer (a young woman) told him several times that she did not think he got enough punishment. However, he did say he learned some things from the group and has not reoffended and will not. The problem is that his probation officer told him he had to register as a sex offender for the rest of his life. All this happened when we lived in MO. Now our son lives in KS and as told he registered with local police when he moved there. Now he is on the internet with picture, address, etc. and it says his offense was statutory rape of the second degree. When he called the county in MO, they say as far as they are concerned his records are now sealed because he had an SIS. However, he is afraid not to register because he does not want to "ever be in jail again" Someone told him to write the governor and get a pardon, but some lawyers say you can't get a pardon from an SIS because it is not a conviction. We are all so confused. How do we go about finding out the truth about his registering requirement. He is active in his church and community, knows he made a mistake, but must this mistake ruin the rest of his life? Please help us!!!!<HR></BLOCKQUOTE>


My response:

I want to make it clear that your first statement is absolutely wrong, where you said:

"Our son had consentual sex with an underage girl . . . "

There is no such thing as "consentual sex" with a minor. She may have agreed, but, under the law, she has NO CAPACITY to "consent" - - ergo, "statutory rape."
You cannot, and shall not, make yourself feel any better by "believing" there was "consentuality" because "consent" from a "minor" is a dichotomy of terms. Megan's law has only minor variations in each of the 50 States. Your State's version is below:

Educational Background:

On May 17, 1996, President Clinton signed Megan's Law into federal law. As a result, local law enforcement agencies in all 50 states must notify schools, day care centers, and parents about the presence of dangerous offenders in their area.
By forming partnerships with legislators, law enforcement, the private sector, organizations and concerned citizens, the world that we leave to the children will be safer and more secure than the world we live in today.

Kansas
Contact Person: Annette Moodie or (785) 296-6656 or Mary Anne Howerton (785) 296-8277
Offenders Required to Register: The date of conviction and type of offense determines whether an offender must register. Anyone convicted of the following offenses and whose date of offense occurred on or after April 14, 1994, must register and such registration becomes public record: rape, (aggravated) and/or indecent liberties with a child, (aggravated) and/or criminal sodomy, (aggravated) and/or indecent solicitation of a child, sexual exploitation of a child, and aggravated sexual battery. Anyone convicted of the following offenses on or after April 14, 1994, must register, and if date of offense occurred on or after July 1, 1997, such registration becomes public record: sexual battery and aggravated incest. Anyone convicted of the following offenses on or after July 1, 1997, must register, and if date of offense occurred on or after July 1, 1997, such registration becomes public record: capital murder, first degree murder, second degree murder, voluntary (and involuntary) manslaughter, kidnapping (except by a parent), aggravated kidnapping, criminal restraint (except by a parent) when the victim is less than 18 years of age, adultery, criminal sodomy, promoting prostitution, patronizing a prostitute, lewd and lascivious unlawful sexual conduct when one of the parties involved is less than 18 years of age.
Information Collected: Fingerprints, social security number, photograph, current address, telephone number, and additional relevant information not including information identifying the victim.
Administrating Agency: State Bureau of Investigations, Department of Corrections and local law enforcement, county sheriff
Timeframe for Registration: Upon release or parole from correctional institution or upon commencement of a sentence of intermediate punishment or probation; within 10 days of changing address; within 10 days of moving to another state.
Applies to Out of State Offenders: Yes (meeting the date requirements stated above.)
Duration of Requirement: Sexually violent predators - until the court determines the person is no longer a sexually violent predator; certain other offenders - 10 years. If more than one conviction, life.
Verification of Address: Yes, every 90 days.
Penalties for Non-Compliance: Class A non-person misdemeanor; providing false information can result in charges at Level 8 - non-person felony.
Access to Information: Members of the general public may inspect registration records. Date of offense determines whether an offender's registration information is public record. Members of the general public may inspect registration records. Date of offense determines whether an offender's registration information is public record.
Confidentiality Provision: No
Number Registered: 1,200


Questions About Megan's Law:

The parents of 7-year-old Megan Kanka of Hamilton Township did not know that a twice-convicted sex offender was living across the street until that neighbor was charged with the brutal rape and murder of their daughter.
The crime -- occurring only months after a similar incident in Monmouth County -- prompted passage of state laws requiring notification about sex offenders who may pose a risk to the community.
New Jersey's law, commonly known as “Megan’s Law,” requires convicted sex offenders to register with local police.
Megan's Law also establishes a three-tier notification process to provide information about offenders to law enforcement agencies and, when appropriate, to the public. The type of notification is based on an evaluation of the risk to the community from a particular offender. The Attorney General’s Office, in consultation with a special 12-member council, has provided county prosecutors, who must make that evaluation, with the factors to be used in determining the level of risk posed by the offender.
Equipped with the descriptions and whereabouts of high risk sex offenders, communities will be better able to protect their children.
Common Questions About Megan's Law


Q.What is the purpose of Megan’s Law?
A. Megan’s Law is designed to help protect our communities by providing information about convicted sex offenders to law enforcement agencies and, in the case of moderate and high risk offenders, community organizations and the public. The notice will allow communities to take informed and responsible steps to prevent harm.
Q.Are all sex offenders required to register with local police?
A.
 
W

wannano

Guest
I stand corrected about my first statement. I have read all the Megan's law info and the KS info about registering. My question still is this---- Is an S.I.S. with records sealed after probation is finished considered a conviction? Thanks for the reply

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by wannano:
Our son had consentual sex with an underage girl in 1996. He was 25 and she told him she was 17 after she had "chased" him for a few weeks. The night that he took her out "in the heat of the moment" she confessed that she was only 16 but would be 17 in a month. After her father went to the police, our son found out she was really 15 and would be 16 in a month. He asked for a lawyer and was told none was available at 2 a.m in that small town, and that things would go better for him if he told the whole truth in writing. He had been taught not to lie and to trust the system so he unwisely did as the police asked. By the time we got a lawyer, he said "if we start to play hardball, then your son may get prison time". Since the girl had been in trouble before, and the family had never followed up with requested counseling, etc., our son was given an SIS with two yrs. probation and attended a sex offender counseling group weekly for the two yrs. at $25 a wk. The other members of the group were from broken homes, etc. and even commented to our son that something must be wrong with his parents or he wouldn't be a sex offender. His probation officer (a young woman) told him several times that she did not think he got enough punishment. However, he did say he learned some things from the group and has not reoffended and will not. The problem is that his probation officer told him he had to register as a sex offender for the rest of his life. All this happened when we lived in MO. Now our son lives in KS and as told he registered with local police when he moved there. Now he is on the internet with picture, address, etc. and it says his offense was statutory rape of the second degree. When he called the county in MO, they say as far as they are concerned his records are now sealed because he had an SIS. However, he is afraid not to register because he does not want to "ever be in jail again" Someone told him to write the governor and get a pardon, but some lawyers say you can't get a pardon from an SIS because it is not a conviction. We are all so confused. How do we go about finding out the truth about his registering requirement. He is active in his church and community, knows he made a mistake, but must this mistake ruin the rest of his life? Please help us!!!!<HR></BLOCKQUOTE>

 

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