Late Registration Penalty: 26 Years

Jacob Sullum | March 23, 2009

Two recent cases illustrate how registration requirements and residence restrictions impose extra punishment on sex offenders in the guise of protecting the public. Bobby Lee Williams, a California man who served 16 years in prison for rape and burglary, was arrested shortly after being released for failing to register with local police as a sex offender. Williams, who was supposed to register within five business days after entering Madera County, was just one day past the deadline and cited extenuating circumstances, including a frustrated attempt to register and a violent attack by fellow residents of a motel to which he moved after it turned out that the shelter where he spent one night was too close to a school. This month a state appeals court upheld Williams' conviction for failing to register, which resulted in a sentence of 26 years to life. But Williams was lucky compared to Thomas Pauli, a Michigan man who molested a girl younger than 13 two decades ago and served 11 years for the crime. Pauli froze to death in Grand Rapids last January after being repeatedly turned away by homeless shelters that were within 1,000 feet of a school.

Needless to say, neither of these guys is terribly sympathetic, and I suppose you could make the case that 42 years is the appropriate sentence for rape or that child molesters should be executed. But those are not the penalties established by law. They are the de facto penalties created by an inflexible, draconian system of post-prison surveillance that retroactively magnifies the punishment of people who have already served their official sentences. The courts have upheld such systems on the theory that they are regulatory rather than punitive, just as the courts have viewed continued detention of sex offenders who have completed their sentences as "treatment" rather than imprisonment.

More on registration requirements and residence restrictions for sex offenders here, here, here, and here.

[Thanks to Tom Hynes and The Freedom Files for the tips.]

Comments

Trigger|3.23.09 @ 3:10PM|#

"Needless to say, neither of these guys is terribly sympathetic"

One and done. Give them all the gun.

|3.23.09 @ 3:19PM|#

They should lock them up forever. There is no possibility for rehabilitation. At least I would advocate that if so many states didn't make it an unforgivable sex offense for 18 year and 1 week old high schooler to bang his 17 year and 51 week old girlfriend.

|3.23.09 @ 3:20PM|#

But those are not the penalties established by law.

That would be cruel.

And expensive.

Zeb|3.23.09 @ 3:23PM|#

The registries are terrible. Free people need to be free. If some people are too dangerous to let out, then keep them locked up instead of playing stupid games that protect no one and endanger the lives of people who have supposedly paid their debt to society.

Taktix®|3.23.09 @ 3:23PM|#

If they're still dangerous, why do these folks receive such short sentances?

I'm still trying to figure out why still-dangerous people (per the argument for registration) are allowed to be release from prison so early.

Oh, wait, I know why:

The prisons are too overcrowded from non-violent drug offenders!

We may be overrun with ex-con rapists, but at least we don't have those damn hippies out on the streets...

|3.23.09 @ 3:23PM|#

The punishments need to be specified up front, and terminated upon completion. If registration and lifetime residency restrictions were not part of their sentences, then they should be free to go.

In California the prison system is a big part of what is sending the state into bankruptcy. But if not for trivial parole violations, we could probably get rid of half the prisons. My ex girlfriend ended up with an additional two years for being drunk (and not in a car).

Zeb|3.23.09 @ 3:25PM|#

domo,
locking up rapists and child molesters forever seems quite appropriate. Trouble is (as you pointed out) lots of consensual, or non-sexual things get lumped in as "sex-crime".

|3.23.09 @ 3:26PM|#

http://www.detnews.com/apps/pbcs.dll/article?AID=/20090128/METRO08/901280491

Eric Cartman|3.23.09 @ 3:26PM|#

"We may be overrun with ex-con rapists, but at least we don't have those damn hippies out on the streets..."

Well said, Taktix®, well said.

|3.23.09 @ 3:27PM|#

They are the de facto penalties created by an inflexible, draconian system of post-prison surveillance that retroactively magnifies the punishment of people who have already served their official sentences.

This is the very exact reason why this sex offender registration scam violates the 5th amendment by punishing a person twice for a crime previously committed and for which he was already condemned. It also violates the 8th amendment by issuing cruel and unusual punishment for the crime of not registering - because that is the ONLY crime committed, not registering yourself in a database.

It matters little if these people are despicable or not. If the crimes they committed had a low jail time, that should be taken to the State's legislature, and not have them punished again.

JiggleTits|3.23.09 @ 3:27PM|#

"Mango Punch"

???

Zeb|3.23.09 @ 3:27PM|#

Something just occurred to me. I wonder if Larry Craig has to register as a sex offender now.

Mary|3.23.09 @ 3:30PM|#

Jacob, thank you for writing this.

Are Americans aware that their teenagers are having consensual sex which could result in the older teen being convicted of sexual assault, battery or rape, a prison sentence and being listed on a Sex Offender Registry for 15 years, 20 years or for a lifetime?

Are Americans aware that their teenagers are e-mailing and texting nude photos of themselves and others? This could result in both teens being charged with creating, distributing and possessing pornography with time in prison and being listed on a Sex Offender Registry.

Are Americans aware that if they have knowledge that their juvenile child is having consensual sex with someone of 18 years or older, they (the parent) can be convicted of indecent liberties by person of supervision and listed on a Sex Offender Registry for 15 years, 20 years or for a lifetime?

Are Americans aware that middle schoolers have been convicted and listed on Sex Offender Registries for pinching other middle schoolers on their rear-end?

Are Americans aware that because of the "victim's rights laws/ rape shield laws" an ACCUSATION ALONE is sufficient for a conviction, a prison term of 5 to 25 years or even life and then being listed as a Sex Offender most likely for life?

Are Americans aware that NO evidence, NO witness, NO dates or times have to be given by an accuser?
Are Americans aware that they CAN NOT defend themselves by supplying evidence or witnesses that can prove an accuser is lying and had motive to lie?

Are Americans aware that some States (Virginia) allow an accuser only 21 DAYS to recant a lie? Any amount of time after 21 days, the wrongful conviction, the prison term and being labeled listed as a Sex Offender stands.

Are Americans aware they are no longer innocent until proven guilty in America when there is a sexual claim; they are guilty and not allowed to prove their innocence?

There is a huge difference between stealing a newspaper and robbing a bank, both crimes are considered theft but both are differentiated by law and society.

Are Americans aware that the current laws that label someone as a Sex Offender in the U.S do not differentiate?
Whether you are accused of teenage consensual sex, urinating in public, mooning or streaking, pinching or touching someone or being a serial rapist upon your return to society, conviction and sentence will be the same.

Are Americans aware that a VERY large number of Registered Sex Offenders have never touched or raped anyone, let alone a child?
But guilt by association on the Sex Offender Registry labels them all as a pervert, a pedophile and a predator for life.

Are Americans aware that their State's General Assembly (Virginia 2006 & 2008) broadly re-classified Non-Violent Offenders to Violent Offenders? This includes many offenses that had NO physical contact.

The situation that has been imposed upon the Registered is that; under the guise of protecting our children, the Legislators are in fact repeatedly trying, convicting and re-sentencing Citizens without even notifying them that this has occurred. To resentence a Citizen of the United States without giving them the opportunity to testify in their own behalf is clearly a violation of their Constitutional Rights.

Our Legislators have taken a group of people and used them as a platform to win elections and instill fear into the parents of our country so that they look like heroes. People that are not child-molesters, pedophiles and perverts have all been bucketed into one massive Registry and must endure a lifetime of shame.

The Sex Offender Registries are extremely costly both financial and to the families of the registered.
Contrary to popular belief among Legislators there is indeed hardship related to being listed on a Sex Offender Registry.

The lives being destroyed are not just the Registered, but their spouse, their children and every family member sharing their name.
When you are a Registered Sex Offender, you struggle to find and keep housing, employment and your family because of the stress and humiliation that the Registry creates within yourself, your neighbors, your co-workers and vigilantes looking for justice for a victim they don't even know.

The Sex Offender Registries are not protecting anyone, they are a means to humiliate, degrade, re-prosecute and destroy the lives of thousands of innocent Citizens.

The Studies below have proven that the current Sex Offender Laws, the Registries and the Residency Restrictions are ineffective and damaging. There is also a study that proves the Internet is not as dangerous as our Legislators have convinced you to believe that it is.
• No Easy Answers: Human Rights Watch Study, September 11, 2007
• The Adam Walsh Act: Scarlet Letter, by Lara Geer Farley, April 17, 2008
• Fact Sheets Examine Impact of Sex Offender Registries: Justice Policy Institute, September 2, 2008
• Collateral Damage: Family Members of Registered Sex Offenders by Jill Levenson, Ph.D. January 2009
• Enhancing Child Safety and Online Technologies: Final Report of the Internet Safety Technical Task Force to the Multi-State Working Group on Social Networking of State Attorneys General of the United States. December 31, 2008
• Residential Proximity to Schools and Daycare Centers: Influence on Sex Offense Recidivism, An empirical analysis by Jill Levenson, Ph.D. December 23, 2008
• New Jersey DOC Study on the Effectiveness of Sex Offender Registration, February 11, 2009
• Registering Harm: How Sex Offender Registries Fail Youth and Communities, Justice Policy Institute, November 21, 2008

The fear and loathing against Registered Sex Offenders that is currently considered acceptable needs to stop before additional Citizens and communities are harmed.

Our Legislators need to rectify this mess they have created by bucketing all sexual related acts into Sex Offender Crimes. The broad brush that the Legislators have been allowed to use across our population will continue to grow until it reaches into your home and labels you and your family.

|3.23.09 @ 3:33PM|#

This is one area where The Faith is difficult for me. Bible says God can do anything and forgive anything. I feel like folks that are this broken are not fixable and should be either imprisoned till they die or executed. I find it not in me to forgive this sin.

That said, I agree that when your time is served, you should be free to move about the country. If they ain't rehabbed, don't turn em out.

|3.23.09 @ 3:34PM|#

Are americans aware that you can just give us a linky link and we will read it there if we choose?

|3.23.09 @ 3:42PM|#

Brandybuck-

Spoken like a true libertarian. No retreat for freedom.

I know of a case here in Massachusetts where the perp had exposed himself to two boys, aged 11, in a park, and then ran away from them. The boys, who lived across the street from the park, went home and told their mothers. The moms called five-o. An off duty cop, in the area, heard the description of the perp and spotted him. He drove his car onto the lawn of the property where the perp was, got out and jumped the perp. Thankfully, the perp beat the shit out of the cop...then about no less than 8 heros arrived on the scene and gave the perp a bloddy beating.

I'm sorry, but a 23 year old showing his privates to two 11 year olds is not the end of the world. However, what about thw two boys going home to whine to their mommies that a man showed his penis to them? How about the off duty cop jumping the perp? How about the 8 brave socialists who had the courage to beat the shit out of the perp?

|3.23.09 @ 3:50PM|#

How about the amazing stupidity of a 23 year old showing his wang to 11 year olds? A beating is warranted for such stupidity. Bonus that a cop acting outside the law got a beating too. Justice served all the way around here, in my opinion.

While they definitely need to change the laws regarding Sex Offenses so that 18 plus a day doesn't go to jail for consensually nailing 18 minus a day, I think the two scumbags from the article got what they deserved. We always criticize the law for going beyond the call of justice and violating the laws themselves and never paying the price, but sometimes we should just smile and nod when they fall short of true justice and the guilty get what they deserve anyway.

Mary|3.23.09 @ 3:52PM|#

Brotherben...
But you won't choose because you like to hear yourself talk too much about your opinions. These are the facts, not opinion, not beliefs, FACTS!!!!!

Atanarjuat|3.23.09 @ 3:54PM|#

brotherben, God can forgive them. That doesn't mean they should not be locked up (for the children!) for life.

Camp Counselor|3.23.09 @ 3:57PM|#

"I find it not in me to forgive this sin."

We hate most in others what we hate most in ourselves.

|3.23.09 @ 4:02PM|#

Anybody ever read Robert Heinlein's Coventry?

If we determine that we can neither continue to imprison nor live near these ex-offenders, we might have to set up someplace for them to be, away from us.

Mind you, this is just a thought experiment on my part. I'm not confident that the list of people to be "exiled" wouldn't contain a percentage of false positives that would make being sent to Coventry, like executions, inherently unjust.

Kevin

Tacos mmm...|3.23.09 @ 4:30PM|#

If we determine that we can neither continue to imprison nor live near these ex-offenders, we might have to set up someplace for them to be, away from us.

My problem with this is that the whole issue is mostly irrational hysteria. There are two problems with it: it feeds into an irrational urge to protect children and 2) it allows people to externalize a threat that is not really that significant.

A year or so ago, Reason had an article on the front page by a sociologist who researches sex crimes and children. It turns out that 90% of the time, adult/child sexual contact is neither psychologically nor physically traumatic. If someone can find it in the archive, it might be worth reading again. Secondly, most child/adult sexual activity occurs, as we know, between family members.

I think that the whole issue is overwrought, and comes from both an unhealthy cultural obsession with sex, and and an unrealistically Victorian conception of childlike-innocence.

This focus on sex-offenders not only causes us to overlook not only other threats to children that are substantially more realistic, but other non-sexual crimes involving children as well.

|3.23.09 @ 4:32PM|#

@nick,
Your smugness with regard to you perceived "justice" being served is the same exact reason politicians have kept the drug war going for so long. It's nice that we can sit and smile and be pleased with ourselves that those filthy hippies are getting bumfucked in prison like they deserve.

I'm going to have to agree with Zeb, and others and say that if you served your time, then it should be over. If you are still a danger, then you shouldn't be out. We always talk about repeat offenders being horrible people but the system shouldn't make it hard for anyone who truly wants to change their behavior.

BTW, since it will come up, no I don't condone violent sexual offenses nor do I "sympathize" with those who commit such offenses.

|3.23.09 @ 4:33PM|#

They should lock them up forever. There is no possibility for rehabilitation.

Domoarigato, if "them" is sex offenders and "rehabilitation" means the ability to live at large without re-offending, I would expect recidivism rates to be near 100%. Or maybe 80%, considering some might re-offend and not be arrested. But recidivism rates don't show anything like that. According to the Department of Justice:

Marshall and Barbaree (1990) found in their review of studies that the recidivism rate for specific types of offenders varied:

* Incest offenders ranged between 4 and 10 percent.
* Rapists ranged between 7 and 35 percent.
* Child molesters with female victims ranged between 10 and 29 percent.
* Child molesters with male victims ranged between 13 and 40 percent.
* Exhibitionists ranged between 41 and 71 percent.

What's the source for your belief that there is no possibility for rehabilitation?

Kreel Sarloo|3.23.09 @ 4:38PM|#

Tacos

In that same vein, back in the mid sixties Reader's Digest (of all places) had an article on child molestation. Basically it said that most of the trauma to children came not from the event itself but in how adults reacted when it was discovered.

If anything the atmosphere has become even more alarmist since then.

Parent|3.23.09 @ 4:50PM|#

"However, what about the two boys going home to whine to their mommies that a man showed his penis to them?"

Uh, what about them? It's their fault somehow?

SpongePaul|3.23.09 @ 4:58PM|#

we might have to set up someplace for them to be, away from us
________________________________________
Ok give em N. Dakota, i dont think anyone actually lives there anyway, I kid I kid

|3.23.09 @ 5:08PM|#

Tacos, I think half the appeal of the Coventry Solution would be to keep the yahoos from doing extra-judicial damage on the ex-offenders.

Perhaps the sentences for these offenders are too short. Still, unless they are given non-parolable life sentences, some folks will always object that those who are required to register cannot be reformed, and ought never be allowed to live in society. That sounds like the "they aren't (just) criminal, they're sick" argument, in which case, the miscreants are either:

1.) incurable, and therefore should be hospitalized forever or

2.) treatable, in which case they can be let out once declared cured.

I doubt if many of the "lock `em up" types are willing to spring for the big bucks to build and staff sex offender treatment centers, though.

Kevin

|3.23.09 @ 5:16PM|#

Mary, I'm in sympathy with your general claim that accused sex offenders often get a raw deal and that released sex offenders are often victims of injustice. But I think if you are going to make specific claims, you should have the evidence to back them up and avoid hyperbole. For instance, can you support these assertions:

Are Americans aware that because of the "victim's rights laws/ rape shield laws" an ACCUSATION ALONE is sufficient for a conviction, a prison term of 5 to 25 years or even life and then being listed as a Sex Offender most likely for life?

Are Americans aware that NO evidence, NO witness, NO dates or times have to be given by an accuser?
Are Americans aware that they CAN NOT defend themselves by supplying evidence or witnesses that can prove an accuser is lying and had motive to lie?

|3.23.09 @ 5:18PM|#

kevrob, if sex offenders are incurable, why should they be hospitalized at all, let alone forever? Isn't finding a cure the point of going to a hospital?

Uncle Chester|3.23.09 @ 5:20PM|#

"Basically it said that most of the trauma to children came not from the event itself but in how adults reacted when it was discovered."

That's why I make them promise not to tell.

Trigger|3.23.09 @ 5:22PM|#

"I doubt if many of the "lock `em up" types are willing to spring for the big bucks to build and staff sex offender treatment centers, though."

To reiterate:

One and done. Give them all the gun.

oat willie|3.23.09 @ 5:27PM|#

"The registries are terrible. Free people need to be free. If some people are too dangerous to let out, then keep them locked up instead of playing stupid games that protect no one and endanger the lives of people who have supposedly paid their debt to society."

I have never figured out how a convicted murderer, who may have even killed a child, can go free after he does his time but a person convicted of pedophilia can never pay his debt to society because of the hysteria of protecting "teh childrun".

|3.23.09 @ 5:39PM|#

Are Americans aware that if they have knowledge that their juvenile child is having consensual sex with someone of 18 years or older, they (the parent) can be convicted of indecent liberties by person of supervision and listed on a Sex Offender Registry for 15 years, 20 years or for a lifetime?

My 17 year old innocent little boy has an 18 year old girlfriend. I'm not aware of this, but my ex-wife is. Gotta go make a phone call now...

Really though, they aren't having any consensual sex. My understanding is they take turns raping each other. I'm a horrible father.

|3.23.09 @ 6:18PM|#

Some DOJ factoids to consider while mulling the draconian punishments meted out to "sex offenders".

Of the 272,111 persons released from prisons in 15 States in 1994, an estimated 67.5% were rearrested for a felony or serious misdemeanor within 3 years, 46.9% were reconvicted, and 25.4% resentenced to prison for a new crime.
...
Of the 9,691 male sex offenders released from prisons in 15 States in 1994, 5.3% were rearrested for a new sex crime within 3 years of release.
...
Approximately 4,300 child molesters were released from prisons in 15 States in 1994. An estimated 3.3% of these 4,300 were rearrested for another sex crime against a child within 3 years of release from prison.

IOW, conventional wisdom is wrong. That will not stop any politicians from fanning the flames of pedoplile hysteria.

Tacos mmm...|3.23.09 @ 6:26PM|#

IOW, conventional wisdom is wrong. That will not stop any politicians from fanning the flames of pedoplile hysteria.

Sex offenders, like "welfare queens," are good targets for politicians needing to look tough and righteous.

BlackBird|3.23.09 @ 6:43PM|#

Lets save the government time and let them do what they want to do. Track every man, women, and child for our own protection!

|3.23.09 @ 6:49PM|#

Parent-

You can't be serious. 11 year old boys should not go home and whine to their mommies that they just saw a man show his privates.

jtuf|3.23.09 @ 9:02PM|#

Needless to say, neither of these guys is terribly sympathetic, and I suppose you could make the case that 42 years is the appropriate sentence for rape or that child molesters should be executed. But those are not the penalties established by law. They are the de facto penalties created by an inflexible, draconian system of post-prison surveillance that retroactively magnifies the punishment of people who have already served their official sentences.

That's my main objection to these regulations. I also don't like the idea that law makers could declare someone safe enough to release from jail but not safe enough to live in a specific neighborhood. It begs the question, why should one town be protected more than others?

jtuf|3.23.09 @ 9:07PM|#

parse | March 23, 2009, 5:18pm | #

kevrob, if sex offenders are incurable, why should they be hospitalized at all, let alone forever? Isn't finding a cure the point of going to a hospital?

Nah, the main point of a mental hospital is to keep people locked up without all the bother of a trial.

|3.24.09 @ 1:19AM|#

You can't be serious. 11 year old boys should not go home and whine to their mommies that they just saw a man show his privates.

??? Hey, if someone makes you look at their junk, you should definitely tell someone. Unless you liked it.

|3.24.09 @ 1:20AM|#

Nah, the main point of a mental hospital is to keep people locked up without all the bother of a trial.

Hey, you saw Changeling, too?

|3.24.09 @ 2:02PM|#

Conditional Premise: The impulse to sexually abuse others is a sign of mental illness, not (just) a moral failing.

If that is so, then treatment, not punishment, is warranted. Not all treatments are cures, and some treatments aren't feasible on an outpatient basis.

Of course, our psychological/legal complex has decided that some sexual urges aren't a matter of moral choice. Specifically, homosexuality was once considered a disorder, and the malleability of the sexual identity of self-declared gay folks is a matter of some controversy. Are those who are adamant that one is "born gay" willing to make the same sort of claim about chickenhawks? Even if we could condition a person to change his sexual identity, I'm not comfortable doing that to someone against his will.

Now, if abusing others is about being evil, not sick, then criminal sanctions should apply. The post-Megan's Law regime seems to be based on the idea that these creeps are both morally culpable AND unable to resist their base impulses. That's a catch-22 of serious proportions.

Kevin