VA- In The Wrong Place At The Wrong Time

Taking the man's word, that he was unaware of the law, and the fact that, the news report says nothing about the state previously notifiying him of the law, this man is innocent. All RSOs must be notified of laws before being prosecuted for violating them. Assuming the state did not notify him, this is a form of entrapment.

A review of the law covering school property, in subsection (B), indicates "after notice" the news article makes no mention that he was given any notice.

8-30-2008 Virginia:

Sex Offender Pleads Guilty To Entering School Property In Broadway

HARRISONBURG - A violent registered sex offender accused of violating a new Virginia law banning sex offenders from school grounds pleaded guilty Friday in Rockingham County Circuit Court.

Robert Breighner, 43, of 182 Church St. in Broadway, pleaded guilty to entering school property after being convicted of a violent sexual act, which is a felony. Breighner, who is facing up to five years in prison, will be sentenced on Oct. 30.

Breighner was charged after Rockingham County sheriff's deputies say he showed up at Broadway High School in April.

In 1993, Breighner pleaded guilty to felony aggravated sexual battery on a child and was sentenced to five years in prison, with three years suspended.

Prosecutors say this is the first case in Rockingham County to be prosecuted since a new law banning violent sex offenders from schools went into effect in July 2007.

"It's a fairly new law that clearly states that violent sex offenders are not to be on school property," said Assistant Commonwealth's Attorney Clark Ritchie at the time of Breighner's indictment. "The reason for the statute is pretty clear: to protect children. We're going to have a zero-tolerance policy."

The Case

Assistant Commonwealth's Attorney Louis Nagy told Circuit Court Judge T.J. Wilson that Breighner entered the high school on April 14 to help his adult daughter enroll at the school.

He said Breighner signed in at 9 a.m. and left a short time later after he was told that his daughter would need proof of residency.

The next day, Nagy said, Breighner went back to the school, when he was spotted.

"A staff member almost immediately recognized the defendant as a violent sex offender and notified school authorities," Nagy said. "Mr. Breighner cooperated and left immediately after being confronted."

He was arrested April 22 and indicted by a Rockingham County grand jury on May 9.

Breighner's attorney, William Wentz, said his client wasn't aware of the new law.

Breighner remains free on $1,000 unsecured bond until his sentencing date.

Broadway High School Assistant Principal Kelly Troxell said the school's staff keeps an eye out for sex offenders.

"Rockingham County Public Schools employees strive to provide the safest school environment possible for our children," Troxell said. "We are proactive in familiarizing ourselves with individuals on the [sex offender] registry. I commend our clerical staff for their alertness in this situation." ..News Source.. by Pete DeLea