March 11, 2009

FL- Text lands teen on sex

In today's Congressional hearing on SORNA Rep. Bobby Scott repeditally asked Laura Rogers whether a 19 year old and a 15 year old (4 years apart) would result in the 19 year old having to register, and suffer all that follows from being publically listed. I'm thinking Rep. Scott was thinking a Romeo and Juliet type of case.

Now, Rep. Scott was not getting a straight answer from Laura Rogers, she appeared evasive, saying it depends on how the person was charged and whether or not it was a felony and other factors. Rep. Scott seemed to get a bit annoyed and asked her again.

I think I may have just understood Laura Roger's comment, here in this a case of "Sexting" (Internet Child Pornography) someone charged with a felony according to SORNA (maybe different under state law).

In this case we have a "Sexting Romeo and Juliet situation," as is often the case with sexting, one underage and one an adult and he will have to register -under AWA- for a good long time and his life ruined.

Rep. Scott seemed to imply that certain Romeo and Juliet cases should be exempted from SORNA's effect, well look closely, so should some of the sexting Romeo and Juliet cases.
eAdvocate

3-11-2009 Florida:

Illicit text message means 5 years probation

BREVARD COUNTY, Fla. (WOFL FOX 35) - Phillip Alpert, 19 years old and a recently-registered sex offender, pointed to pictures of his young sisters on his cell phone. "When people see these pictures, it's not this kid that's a good big brother that loves his sister," he said, "it's a sex offender, with pictures of little girls on his phone. That's not me."

But Alpert is a registered sex offender, listed with all the child molesters, rapists, and the rest on the Florida Department of Law Enforcement's Sexual Offender Registry.

A year ago, after breaking up with his 16-year-old girlfriend, he got angry. He emailed a nude picture of her to more than seventy people, including her parents. He said she sent him the picture while they were dating.

His text was reported to police and he was later arrested for transmitting child pornography, a charge which he contests. "Child porn? No!" said Alpert. "The girl is 16-years-old!" But the law says she is a child.

A remorseful Alpert admited he made a terrible mistake, but feels the punishment is excessive. "I didn't cause trauma to her. I didn't ruin her life. I embarrassed her," he said, adding, "a lot of my friends have not stood by me. People don't want to talk to me anymore."

Attorney Lawrence Walters agreed. "These laws are designed to punish the worst child rapists and pedophiles in our society. They're designed to punish the adult that tells a toddler to perform a sex act on camera, terrible behavior! They're not designed to punish teens who share racy photos of themselves via the internet or cell phones."

For now, the way the law stands, the law does punish those who send illicit text messages of minors and get caught.

Alpert has served one year of a very strict probation and still has four more to go. After that, he will be required to stay registered as a sex offender until he is at least 43. ..News Source.. by MyFox Orlando

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