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Any lawyers in the haus? Legal question...
Posted by: PeterB
Date: November 21, 2021 01:20PM
... so I just received in the mail a notice that a registered sex offender moved onto my street. But there is also a school a block or two away from us, and my understanding was that sex offenders are not able to live within a certain distance of a school, public park, or other location where you might expect to find children?

Of course, this is Louisiana, so lord only knows if this is true, or if they put some sort of weird conditions on it. I've tried looking at the laws I've been able to find for the state, but can't make heads or tails of some of the weird stuff they're talking about. For example, "aggravated crime against nature" would seem to include all manner of hinky crap.




Freya says, 'Hello from NOLA, baby!' (Laissez bon temps rouler!)
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Re: Any lawyers in the haus? Legal question...
Posted by: JoeH
Date: November 21, 2021 01:35PM
Restrictions vary a lot between states, and also will vary on what level sex offense was involved in their conviction and need to register. Too many variables to consider.
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Re: Any lawyers in the haus? Legal question...
Posted by: Buzz
Date: November 21, 2021 01:35PM
Borrow Kyle's AR-15, he won't be needing it for awhile considering the scrutiny he'll be under.....?
==
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Re: Any lawyers in the haus? Legal question...
Posted by: PeterB
Date: November 21, 2021 01:58PM
Quote
JoeH
Restrictions vary a lot between states, and also will vary on what level sex offense was involved in their conviction and need to register. Too many variables to consider.

OK, a few more details that might be pertinent:

1) He was convicted in 1986 of "aggravated crime against nature" and "forcible rape (attempted)" and in 1981, "aggravated rape (attempted)"

2) Listed as Tier 3

3) I just checked using Google Maps, and his address is easily within 1000 feet of a school and an area that, though it's not a school, might get used by kids as a playground or meeting place

4) From what I can tell of Louisiana law, it's illegal for a sex offender to be within 1000 feet of a school, but I noticed they mention specifically that the offender has to have had a victim younger than 13: [law.justia.com] ... and I don't see how you would be able to know if his victim(s) were children...

5) Even if this is legal, I can't imagine the parents of the children who go to that school will be thrilled about this, if they find out about it




Freya says, 'Hello from NOLA, baby!' (Laissez bon temps rouler!)
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Re: Any lawyers in the haus? Legal question...
Posted by: N-OS X-tasy!
Date: November 21, 2021 02:07PM
So notify the local police.



It is what it is.
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Re: Any lawyers in the haus? Legal question...
Posted by: PeterB
Date: November 21, 2021 02:11PM
Quote
N-OS X-tasy!
So notify the local police.

Since the notification in the mail came from NOPD, I presume they already know about it ... I'm wondering if he's allowed to do it because of the age of the victim. Otherwise it would seem to be illegal, if I'm reading the law correctly...




Freya says, 'Hello from NOLA, baby!' (Laissez bon temps rouler!)
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Re: Any lawyers in the haus? Legal question...
Posted by: mattkime
Date: November 21, 2021 02:11PM
Honestly, I don’t know why you need to be involved. You were notified by a system that’s monitoring where he lives.



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Re: Any lawyers in the haus? Legal question...
Posted by: PeterB
Date: November 21, 2021 02:20PM
Quote
mattkime
Honestly, I don’t know why you need to be involved. You were notified by a system that’s monitoring where he lives.

Because I think the law should be followed?

Because I don't like the idea of a convicted sex offender living near me and next to a school?

There are some other good reasons too, that I won't go into here...




Freya says, 'Hello from NOLA, baby!' (Laissez bon temps rouler!)
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Re: Any lawyers in the haus? Legal question...
Posted by: anonymouse1
Date: November 21, 2021 02:36PM
Maybe consider that this was 35 years ago, and possibly the person has changed?

You sound pretty spun up about this, and you don’t have a lot of info.
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Re: Any lawyers in the haus? Legal question...
Posted by: PeterB
Date: November 21, 2021 04:02PM
Quote
anonymouse1
Maybe consider that this was 35 years ago, and possibly the person has changed?

You sound pretty spun up about this, and you don’t have a lot of info.

True (about it being 35 years ago), but... do you all believe that sex offenders can change?

I am a bit upset about it, I don't think it's a good thing for our neighborhood, which already has lots of other problems. (Remember, I may not have said a number of things about the situation, that I can't really go into here... context is everything...)




Freya says, 'Hello from NOLA, baby!' (Laissez bon temps rouler!)
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Re: Any lawyers in the haus? Legal question...
Posted by: N-OS X-tasy!
Date: November 21, 2021 04:05PM
Go to discuss the matter with the police. At the least, you will come away with a better understanding of the law and why it is legal for him to live where he does.



It is what it is.
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Re: Any lawyers in the haus? Legal question...
Posted by: mrbigstuff
Date: November 21, 2021 04:06PM
As others have said, you are not the first person to pinpoint his location on a map. OTOH, you can petition the court system (sometimes different entities, possibly) to change his location, IF you have other pertinent information of which they may not be aware. But locations of schools, nurseries, etc? Sorry, they know more than you do.



Edited 1 time(s). Last edit at 11/21/2021 04:06PM by mrbigstuff.
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Re: Any lawyers in the haus? Legal question...
Posted by: space-time
Date: November 21, 2021 04:09PM
maybe it's a really long street
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Re: Any lawyers in the haus? Legal question...
Posted by: PeterB
Date: November 21, 2021 04:20PM
Thanks guys.

One thing I am kinda wondering about now, since some of you have brought this up -- do the police also have to notify the schools, recreation centers, etc. ... ? One would think so, but this being NOPD ... I'm not so sure.

The school that's down the street from us, the parents are already not crazy about the school being in this neighborhood, and if they find out about this ... I don't think they'll be particularly happy about it. (One other thing I didn't want to mention, but which might factor in: the offender is living in property that is owned by a church... the church rents the property, and it seems the reverend of this church is always getting rid of good tenants and taking in bad ones... and from what I can tell, this reverend hasn't been particularly responsive to neighborhood concerns.)

I have a pretty good relationship with my local district officers, so yes, I'm tempted to ask about it. (They essentially already know me because of previous stuff that's happened on my street and that I've occasionally offered up Ring footage.)




Freya says, 'Hello from NOLA, baby!' (Laissez bon temps rouler!)



Edited 1 time(s). Last edit at 11/21/2021 04:27PM by PeterB.
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Re: Any lawyers in the haus? Legal question...
Posted by: mattkime
Date: November 21, 2021 05:16PM
Is there a city council representative you could talk to about this?

---

Can you propose a solution? Where is this person supposed to live? NIMBY doesn't really solve it.
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Re: Any lawyers in the haus? Legal question...
Posted by: August West
Date: November 21, 2021 05:21PM
It is kind of ridiculous to seek answers here. I agree with mattkime that if you are showing this level of concern, you need to approach your representative.



“There comes a point where we need to stop just pulling people out of the river. We need to go upstream and find out why they’re falling in."
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Re: Any lawyers in the haus? Legal question...
Posted by: PeterB
Date: November 21, 2021 05:34PM
Yep, that is another thought ... and that's part of why I brought it up to the groupmind here, because I actually wouldn't have thought to talk to my neighborhood rep about it. The police, yes, but NOPD here is notorious for being unresponsive and corrupt.

The concern may or may not be justified -- I'd like to believe that people can change, but not so sure in the case of rapists and child molesters. Would you all be comfortable if one was living next to you?




Freya says, 'Hello from NOLA, baby!' (Laissez bon temps rouler!)
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Re: Any lawyers in the haus? Legal question...
Posted by: mattkime
Date: November 21, 2021 06:21PM
Quote
PeterB
Would you all be comfortable if one was living next to you?

People are more than the worst thing they've done. Nobody looks good under that light.



Edited 1 time(s). Last edit at 11/21/2021 06:26PM by mattkime.
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Re: Any lawyers in the haus? Legal question...
Posted by: space-time
Date: November 21, 2021 06:31PM
The attempted rape is bad, but keep in mind it could be she said, he said. I am sure there are guys out there accused unfairly.

But this one is strange. "aggravated crime against nature". What did he do?
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Re: Any lawyers in the haus? Legal question...
Posted by: PeterB
Date: November 21, 2021 07:02PM
Quote
mattkime
Quote
PeterB
Would you all be comfortable if one was living next to you?

People are more than the worst thing they've done. Nobody looks good under that light.

Understood, but I repeat the question: would you feel comfortable with such an individual living next to you?

(And it's true, I'm only going based on what's on the notification card I received in the mail ... but that there are more than two offenses, and separated by five years, is a little concerning. That makes it a bit harder to believe that these were just minor incidents.)




Freya says, 'Hello from NOLA, baby!' (Laissez bon temps rouler!)
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Re: Any lawyers in the haus? Legal question...
Posted by: Racer X
Date: November 21, 2021 07:23PM
Quote
space-time
The attempted rape is bad, but keep in mind it could be she said, he said. I am sure there are guys out there accused unfairly.

But this one is strange. "aggravated crime against nature". What did he do?

You need to remember that in some states, it is still on the books that anal sex is illegal. And up until the horse/Boeing engineer episode, bestiality was LEGAL in Washington. Context is everything.



********************************************
“A sword never kills anybody; it is a tool in the killer's hand.” Seneca the Younger

The police have no duty to respond. See Castle Rock v. Gonzales, 545 U.S. 748 (2005) or Warren v. District of Columbia[1] (444 A.2d. 1, D.C. Ct. of Ap. 1981)

Judge Lee wrote that “we cannot jettison our constitutional rights, even if the goal behind a law is laudable." 9th Circuit Court of Appeals

[www.youtube.com]
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Re: Any lawyers in the haus? Legal question...
Posted by: space-time
Date: November 21, 2021 08:03PM
I never heard of that "horse/Boeing engineer episode" but I looked it up and I shook my head as I was reading that.
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Re: Any lawyers in the haus? Legal question...
Posted by: Racer X
Date: November 21, 2021 08:36PM
Oh yeah. It was very local to my then in-laws, and my them mother-in-law worked in Boeing HR at their HQ, which was in Seattle at the time.

The ONLY time I ever saw her flustered when I asked her about work.



********************************************
“A sword never kills anybody; it is a tool in the killer's hand.” Seneca the Younger

The police have no duty to respond. See Castle Rock v. Gonzales, 545 U.S. 748 (2005) or Warren v. District of Columbia[1] (444 A.2d. 1, D.C. Ct. of Ap. 1981)

Judge Lee wrote that “we cannot jettison our constitutional rights, even if the goal behind a law is laudable." 9th Circuit Court of Appeals

[www.youtube.com]
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Re: Any lawyers in the haus? Legal question...
Posted by: Mr Downtown
Date: November 21, 2021 08:54PM
The phrase was used in most statutes that outlawed any form of penetrative gay sex. The Louisiana statute seems to cover a lot of things that don't unduly concern me these days, whether it was same-sex fell atio or even mutual masturbation if one of those involved was under 18.

Because I have myself committed many violations of these laws, I have trouble with these new panic-peddling laws that say if I was caught at it any time prior to 2003 that I must be isolated for the rest of my life in a trailer out in the woods.



Edited 1 time(s). Last edit at 11/21/2021 08:55PM by Mr Downtown.
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Re: Any lawyers in the haus? Legal question...
Posted by: Speedy
Date: November 21, 2021 08:55PM
Nice that they obscured the identity of the horse. No doubt it is newspaper policy in order to help protect the victim.





Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.



Edited 1 time(s). Last edit at 11/21/2021 09:04PM by Speedy.
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Re: Any lawyers in the haus? Legal question...
Posted by: Racer X
Date: November 21, 2021 09:38PM
The horse never pressed charges.



********************************************
“A sword never kills anybody; it is a tool in the killer's hand.” Seneca the Younger

The police have no duty to respond. See Castle Rock v. Gonzales, 545 U.S. 748 (2005) or Warren v. District of Columbia[1] (444 A.2d. 1, D.C. Ct. of Ap. 1981)

Judge Lee wrote that “we cannot jettison our constitutional rights, even if the goal behind a law is laudable." 9th Circuit Court of Appeals

[www.youtube.com]
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Re: Any lawyers in the haus? Legal question...
Posted by: anonymouse1
Date: November 22, 2021 01:15AM
If it were me, I’d go over and talk to the guy, and ask him what his story was.
Note that he hasn’t done anything else for 35 years. And you really don’t know what he did. So be neighborly, stop assuming the worst, and go say hi. If you get a weird vibe, that’s info. If you don’t, that’s info. It’s not like it’s contagious.

Quote
PeterB
Quote
mattkime
Quote
PeterB
Would you all be comfortable if one was living next to you?

People are more than the worst thing they've done. Nobody looks good under that light.

Understood, but I repeat the question: would you feel comfortable with such an individual living next to you?

(And it's true, I'm only going based on what's on the notification card I received in the mail ... but that there are more than two offenses, and separated by five years, is a little concerning. That makes it a bit harder to believe that these were just minor incidents.)
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Re: Any lawyers in the haus? Legal question...
Posted by: bfd
Date: November 22, 2021 09:51PM
Not sure how pervert placement works in LA, but here in CA, it's a function of the local court. So whenever some sex pervert is being "rehomed" from the system, there's always hue and cry among the neighbors that are living nearest the placement. Finding the judge who's responsible for the order is the first order of business, but once that's done, inundating the judge's office with complaints - and notifying the local news - generally sends the pervert packing.

It's tough being a MDSO these days … even if you've served your time, you may not ever leave the prison grounds. In fact, a few here in the far southwest corner are confined to the prison grounds - but living in trailers. They're free to come and go, but they're not able to move out because every one of the proposed placements has gone bad. Plus, they have to be able to report rather frequently to the pervert patrol.
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Re: Any lawyers in the haus? Legal question...
Posted by: space-time
Date: November 23, 2021 07:07AM
how do other countries deal with these people?
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