Understanding the Limits of Internet Use for Convicted Sex Offenders

Understanding the Limits of Internet Use for Convicted Sex Offenders

A person who has been convicted of a sex crime typically knows what their requirements are for the sex offender registration system. They may also know about the freedoms that are limited. For example, most people know about the limitations that disallow them from living with a certain distance of parks, schools, children, daycares, etc.

However, we have found that many people do not know about the limitations they have on how they can use the internet. Read on to learn how the U.S. Supreme Court found one law affecting sex offenders to be unconstitutional. If you have been accused of or charged with a crime that would result in you being on the sex offender registry, there is help out there for you. Contact Chambers Law Firm at 714-760-4088 now for a free legal consultation.

The Supreme Court found one ban to be unconstitutional

North Carolina passed a law that anyone convicted of a felony sex crime could not use social media sites like Facebook, Instagram, Twitter, etc. The State argued that the ban was to keep sex offenders from accessing sites that children may have profiles on. However, the U.S. Supreme Court found that this ban was unconstitutional.

The Justices found that preventing the use of social media was a restriction on a person’s first amendment rights to free speech. They also found that convicted criminals could actually benefit from using social media in order to reform themselves and go on to have lawful lives.

California does require disclosure of online names

While the Justices found that it was not legal to ban a person from using social media, that does not mean that restrictions cannot be put into place. One example is a California Bill that passed in 2016. In it, sex offenders are required to disclose their internet identifiers. This includes names they use for social networks, their email addresses, and any names they use to send instant messages.

Not everyone is affected by this law. It only affects people convicted of a felony on or after January 1st, 2017. It also requires that one of the following is true:

  • They used the internet to collect private info to identify the victim of the crime they committed or to further the crime;
  • They used the internet to traffic the victim;
  • They used the internet to create, publish, distribute, exchange, download, or send obscene materials or those depicting minors engaged in sexual situations.

Once the State has the information on online names, that information can only legally be used to investigate other crimes related to sex crimes, kidnapping, or human trafficking.

If you have been convicted of a felony sex crime and are not sure what your requirements are, contact your attorney. If you have been accused of or charged with a sex crime then you should contact Chambers Law Firm at 714-760-4088 right away for a free legal consultation.

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