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So, last year I hired a company to do my lawn. Everything is fine. The guy who does it seems to be a good guy.
Yesterday, I approach him as he is cutting the lawn to find out what the situation is regarding closing out this season and going into the next. He tells me that he and his partner, the guy he was working for/with have split the company in two and he will continue to cut my lawn.
OK.
So, he gives me his name, address, phone, and other contact information.. But it is badly written and hard to figure out, so I go to the Internet to look him up and find his picture and information on a sex offender page.
This is the detail of the violated statute...
Offense Against Morality and Decency
ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT
Class A, C, or E Felony Code Section 16-3-656 CDR Codes 253-255
Elements Of The Offense
1. That the accused had the intent to commit Criminal Sexual Conduct.
2. That there was an overt act toward commission of the crime.
3. That the accused failed to accomplish actual "Sexual Battery."
Penalty:
Assault with intent to commit criminal sexual conduct described in the above sections shall be punishable as if the criminal sexual conduct was committed.
Reading this and his charge page, I see that (a) the arrest was 5 years ago, (b) the offense was listed as third degree.
I don't know much about crime, but I do speculate that if it is third degree, it could have been a date situation that went wrong, something with his wife, or many other such things.
Don't believe it. This is why:
1) The wording of the law is screwy, see -- 1st- and 3rd-degree CSC are the felony-level rapes, and 2nd- and 4th-degree CSC are the misdemeanors. (I know, that's what I said too!)
2) A date rape is still a rape. Marital rape is still rape.
3) The vast majority of Criminal Sexual Conduct charges are pleaded down from a higher charge -- the victim is usually willing to accept a smaller charge in exchange for a guaranteed sentence, so she never has to be in the same room with her assailant again, let alone be cross-examined about what he did to her in front of an audience. If he pleaded DOWN to attempted 3rd-degree CSC, I shudder to think what he did in reality.
I can tell you some of my previous employers would not hire anyone that comes up under a check like that. Doesn't matter if it was 10 days ago or 30 years ago. Doesn't matter if they served their time.
mkpunk made some good points. I can tell you that with government if you contract with government your hiring practices generally fall in line. In some respects if someone is on what is a level 3 that's deemed as so severe that homeless shelters won't even all them in for basic security reasons.
Having said this there are some menial tasks sometimes that jails will have people perform to at least provide some bit of a work record. In absence of that it is a risk
So taking a leak behind a tree can get a person labeled as a SO?
Sounds crazy to me too. I'll have to tell my 7yr old that he can't pee behind a tree anymore when we're hiking. He'll be devastated (I'm pretty sure he holds it until we get outside).
So what time of jobs should these people get? We can't give every person that does something sexually wrong, a life sentence, right?
So what do YOU guys think they should be capable of doing? He's mowing a lawn for Christ's sake. He's doing about the crappiest job you can do, next to cleaning out port-a-potties. He's not working around kids or with people. He's in someone's lawn, but someone could go for a walk and go by someone's yard.
Give me a break. So many holier than thou.. I understand sexually based crimes are especially heinous (got that from law and order SVU) but would we rather be paying for their food stamps and welfare? Is that their only hope? Isolate them AND support them, because mowing a lawn is such a risk?
Sounds crazy to me too. I'll have to tell my 7yr old that he can't pee behind a tree anymore when we're hiking. He'll be devastated (I'm pretty sure he holds it until we get outside).
As I said before it's state and town statutes. I am guessing a simple pee behind the tree won't be a problem BUT if your "Mr. Happy" is visible because you are just peeing in plain sight, that's different. The problem is perception.
As for the type of jobs they should have, whatever they are allowed to do and either has experience in the work or can learn fast (like say lawn care, carpentry, building, etc.) As I've said before any type of "Romeo and Juliet" sex offender or peeing off the road side sex offender isn't really going to have a problem getting a job with kids because there is no danger except if there is a better fit (but that's a different issue out of the realm of this thread.) One of the teacher who has a lolita or female teachers who has a relationship with a teenage boy is a bit different and are molesters.
He's done his time/punishment. Who are we to continue to punish someone beyond what the State said. He's not in a high risk situation, he's cutting your lawn.
Is he doing a good job doing his job? Because, that's what I'd be concerned with.
the SO registry is a great example of a good idea executed badly.
Had a man with a police record and he started a job last month , but they let him go before his first 90 days as the Office where I work did not know he had a police record ......Don`t know If that is legal for them to discriminate against the man with a police record or they gave other reasons for letting the man go
So taking a leak behind a tree can get a person labeled as a SO?
Yeah, if they nail you for indecent exposure, and of course, it depends on the state as well. Some states, peeping toms go on the registry.. Others, they don't. SORs are a hodge-podge of various things.. Some of which are very constitutionally questionable. Residency restrictions as an example. They squeaked residency restrictions in by grandfathering people in.. A RSO can't move within a mile of a school.. But, if they were already there when convicted, or when the law went into effect, the state can't kick them out.
Some states registration requirements are 15 years. Others, lifetime. Some states require lifetime for 'violent/predator' SOs only. Others, indecent exposure is a lifetime registration.
Quote:
Originally Posted by mkpunk
As I said before it's state and town statutes. I am guessing a simple pee behind the tree won't be a problem BUT if your "Mr. Happy" is visible because you are just peeing in plain sight, that's different. The problem is perception.
As for the type of jobs they should have, whatever they are allowed to do and either has experience in the work or can learn fast (like say lawn care, carpentry, building, etc.) As I've said before any type of "Romeo and Juliet" sex offender or peeing off the road side sex offender isn't really going to have a problem getting a job with kids because there is no danger except if there is a better fit (but that's a different issue out of the realm of this thread.) One of the teacher who has a lolita or female teachers who has a relationship with a teenage boy is a bit different and are molesters.
Mostly I concur with you, except for the fact that landing on an SOR disqualifies you immediately for just about any job working around kids. Regardless of what the conviction was for. Not, necessarily, that I disagree with that. There's good and bad there.
Honestly, the feds should probably take it over for consistency. I'm no fan of taking power away from the states.. But.. Let's say Virginia allows someone to go off the registry after 15 years, but Maryland doesn't. Someone with a 30 year old crime moves to MD, they have to re-register.
And.. Yeah.. The guy is mowing lawns.. You say he can't do that, what, exactly, do you expect him to do? I'll challenge anyone to check off that box of "Have you ever been convicted of a felony" and then say that they had an EASIER time getting a job.
Last edited by Labonte18; 10-20-2014 at 03:56 PM..
quote So what do YOU guys think they should be capable of doing? He's mowing a lawn for Christ's sake. He's doing about the crappiest job you can do, next to cleaning out port-a-potties. He's not working around kids or with people. He's in someone's lawn, but someone could go for a walk and go by someone's yard.
Give me a break. So many holier than thou.. I understand sexually based crimes are especially heinous (got that from law and order SVU) but would we rather be paying for their food stamps and welfare? Is that their only hope? Isolate them AND support them, because mowing a lawn is such a risk?[/quote]
again--Predatory pedophiles, especially those who molest boys, are the sex offenders who have the highest recidivism rates. Over long follow-up periods, more than half of convicted pedophiles are rearrested for a new offense.-- I gave you the statistics- it is stronger than a drug addict or alcoholic, it is always there.
2- if you EVER saw one picture of what goes on- you throw up-the problem is because the victims are kids/ and violent, you don't get to see, or if ever spoke to a victim, you would feel differently- and if was your family?
3- if it is Federal charge - is escalated from the state charge, meaning it was worse. and yes- lesser charges are then exchanged for cooperation.
There are plenty of jobs that do-- just don't put them in the housing areas. Retaurants, gas stations, commercial painters -construction , coal miners, farmers, fishermen- factory workers list goes on. They can be in the populous, not in your back yard/ playgrounds/ schools etc.
Many of the fellas and women are nice people, good talkers and experts at getting sympathy, or they simply humble and likable,,, like a snake.
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