Judge: Some changes to Nebraska's sex offender laws can be challenged

See earlier story HERE and HERE and HERE.

8-16-2010 Nebraska:

Several changes to the state laws regarding sex offenders -- mostly limiting their computer usage -- could be challenged at trial, U.S. District Judge Richard Kopf ruled Monday.

But most of the law, which took effect in January, was left intact.

Major changes to Nebraska's sex offender laws -- including publication of information regarding all the state's sex offenders, not just the high-risk ones -- do not violate either the U.S. or state constitutions, Kopf ruled.

In an 81-page order filed Monday in U.S. District Court in Lincoln, Kopf wrote that changes to the law -- it would force convicted sex offenders to disclose their online names to authorities and consent to searches of computers and software, and it would ban offenders from using social networking sites or chat rooms accessible to minors -- could be challenged in court.

Kopf had previously granted a preliminary injunction that would not subject convicted sex offenders who completed probation and weren't on parole or court-ordered supervision to those same parts of the law.

In the order filed Monday, Kopf said a trial is needed to determine whether the three statutes violate the U.S. Constitution.

Kopf's ruling pertained to several federal and state cases filed on behalf of dozens of John and Jane Does -- described in court documents as registered low-level sex offenders who argued that the legislative changes unfairly targeted them.

In previous court documents, Kopf aired his opinion on the changes to the sex offender registry law.

"I am not a fan of laws like this one," Kopf wrote in a previous order on the injunction. "If I had my druthers, I would enjoin the entire law and not just the portions that are probably unconstitutional.

"I am pretty sure that this enactment will divert attention and money from policing the monsters (and God knows there are plenty of monsters out there). I also worry that this law will incite a virulent form of vigilantism against the hapless.

"But, my likes and dislikes don't matter," he wrote.

The cases he deemed trial-worthy were referred to U.S. Magistrate Judge Cheryl Zwart for further progression. ..Source.. CORY MATTESON / Lincoln Journal Star