October 05, 2011 (Press-News.org) In a recent ruling by the Massachusetts Court of Appeals, the Commonwealth's Sex Offender Registry Board may not require an individual to register as a Level 2 sex offender based solely on a conviction of possessing child pornography.
Massachusetts has three levels of sex offenders, which are based on a person's individual risk of reoffending and the perceived danger to the public. Level 1 offenders have a low risk of committing future crimes and pose a minimal public safety risk. The list of Level 1 offenders is not available to the general public. However, law enforcement agencies, parole and probation departments and mental health agencies shall have access to this information.
When the Board determines that offenders pose moderate or high risks of reoffending, there is a substantial public safety risk that justifies publicizing the names of such offenders.
According to a Boston Herald report, the case involved a man who pleaded guilty in 2004 after ordering elicit photos of minors from a Miami-based pornography ring. The Board classified the man as a sex offender, but the Court found the board failed to show a causal link between child pornography possession and the likelihood of reoffending necessary for public registration.
The lawyer for the man praised the ruling, for he argued that the Board must do more than just point to a conviction before deciding someone is a sex offender.
In the meantime, Governor Deval Patrick has introduced a bill to define child pornography as a "sex offense involving a child" so that those convicted of possessing child pornography in Massachusetts can be classified as sex offenders.
The preceding is not intended to be legal advice. If you have been charged or under investigation for a crime that could result in sex offender registration, consult an experienced Massachusetts criminal defense attorney.
Article provided by LoConto, Burke & Madaio, P.C.
Visit us at www.lbmlawoffice.com/CM/Custom/TOCCriminalDefenseLaw.asp
Appeals Court Overturns Sex Offender Registration Requirement
The Massachusetts Court of Appeals recently ruled that the Sex Offender Registry Board may not require an individual to register as a Level 2 sex offender based solely on a conviction of possessing child pornography. Learn more about the classification of sex offenders in Massachusetts.
2011-10-06
ELSE PRESS RELEASES FROM THIS DATE:
Crash-safe battery protection for electric cars
2011-10-06
If an electric car wants to be environmentally friendly it must weigh as little as possible, because when the light turns green every additional pound/kilogram must be accelerated with considerable energy expenditure. And the lighter the electric vehicle, the longer it can be on the road without having to be plugged back into a power outlet. To advance the symbiosis between electromobility and lightweight construction, engineers from the Fraunhofer Institute for Chemical Technology ICT in Pfinztal, Germany, are developing manufacturing concepts that have one goal – they ...
Keep Your Kids Safe This Halloween: Prepare for Common Dangers
2011-10-06
Trick-or-treating is a great way for kids to have fun, create cherished memories and indulge a youthful sweet tooth. But, when caught up in the spirit of the holiday, many parents forget that bumps, bruises and far more frightening injuries are also an unfortunate possibility when an unusual number of children take to the streets.
Pedestrian Accidents Involving Cars and Children Far More Common on October 31
Studies have shown that the number of pedestrian deaths involving children age 15 and younger is 4.5 times higher on Halloween night compared to all other nights ...
More aggressive treatment not necessary for men with a family history of prostate cancer
2011-10-06
MIAMA BEACH, FL (October 5, 2011)––Approximately 10-20 percent of prostate cancer patients have a family history of the disease. There are three major factors that are used to evaluate the extent and aggressiveness of prostate cancer, help make treatment decisions, and estimate prognosis: the Prostate Specific Antigen Level (PSA), Gleason score (GS) from the biopsy, and the digital rectal exam findings (DRE). However, men with a family history of prostate cancer have often been feared to have a more aggressive form of the disease not otherwise represented by these three ...
New research shows PET imaging effective in predicting lung cancer outcomes
2011-10-06
Advanced imaging with Positron Emission Tomography (PET) scans shows great promise in predicting which patients with inoperable lung cancer have more aggressive tumors and need additional treatment following standard chemotherapy/radiation therapy, according to new research.
Mitch Machtay, MD, of the Seidman Cancer Center at University Hospitals (UH) Case Medical Center and principle investigator for the study, presented the significant data today at 2 pm at the annual meeting of the American Society for Radiation Oncology (ASTRO) in Miami Beach, Fla. The National Cancer ...
Divorcing During a Difficult Real Estate Market
2011-10-06
In these hard economic times, many couples are sticking together solely because of perceived monetary impediments to divorce. With the right help, however, you may not have to choose between happiness and financial wellbeing.
Divorce and the Economy
According to a study conducted by the University of Virginia, nearly 40 percent of married couples who were planning on a divorce or separation before the recession put their divorce on hold once the economy crashed. While the choice to abandon the pursuit of a divorce is no doubt complex and there are multiple reasons ...
How chronic stress short-circuits parenting
2011-10-06
In the best of circumstances, raising a toddler is a daunting undertaking. But parents under long-term stress often find it particularly challenging to tap into the patience, responsiveness, and energy required for effective child rearing.
Now research from a University of Rochester team helps to explain why chronic stress and parenting are such a toxic mix. The study finds that ongoing strains, like poverty or depression, disrupt the body's natural stress response, making mothers more likely to engage in a host of problematic parenting behaviors, including neglect, ...
Immigration Audits and Your Business
2011-10-06
In 2010, more than 2,000 businesses went through an immigration audit. And this year, ICE has already audited many more companies, including sending out 1,000 notification letters to businesses in early June alone. In a time when employers have enough to worry about, they must also make concerted efforts to ensure their employees are legally qualified to work in the U.S.
Under the Obama administration, the focus on illegal immigration has moved from undocumented immigrants to their potential employers. Gone are the days of loud immigration raids like the ones we saw ...
1 room -- 63 different dust particles? Researchers aim to build dust library
2011-10-06
COLUMBUS, Ohio – Researchers recently isolated 63 unique dust particles from their laboratory – and that's just the beginning.
The chemists were testing a new kind of sensor when dust got stuck inside it, and they discovered that they could measure the composition of single dust particles.
In a recent issue of The Journal of Physical Chemistry C, they describe how the discovery could aid the study respiratory diseases caused by airborne particles.
Most dust is natural in origin, explained James Coe, professor of chemistry at Ohio State University. The 63 particles ...
Eminent Domain and the Government's Right to Take Away Your Property
2011-10-06
Property rights are one of the essential tenets of our society. According to one California eminent domain attorney, property owners are entitled to use their property how they see fit within the bounds of the law. However, there are instances where the government is entitled to infringe upon one's property to support the greater good of the community. This is called eminent domain.
Under the principle of eminent domain, it is the government's right to "take" private property for public use. When a "taking" occurs, a municipality must pay fair market ...
Managing Medical Debt Through Bankruptcy
2011-10-06
The sluggish economy is not only affecting job growth in the United States, it is also spurring more debt due to medical expenses. According to study conducted by the Commonwealth Fund, 57 percent of workers who lost jobs that previously had health insurance have become uninsured. This creates two problems for those who become sick: Not only do they no longer have health insurance to defray medical expenses, they also lack the income to pay such costs out of pocket.
The Commonwealth Fund also found that debt collection companies contacted 30 million Americans in 2010 ...
LAST 30 PRESS RELEASES:
Study shows seed impact mills clobber waterhemp seed viability
Study links rising suicidality among teen girls to increase in identifying as LGBQ
Mind’s eye: Pineal gland photoreceptor’s 2 genes help fish detect color
Nipah virus: epidemiology, pathogenesis, treatment, and prevention
FDA ban on Red Dye 3 and more are highlighted in Sylvester Cancer's January tip sheet
Mapping gene regulation
Exposure to air pollution before pregnancy linked to higher child body mass index, study finds
Neural partially linear additive model
Dung data: manure can help to improve global maps of herbivore distribution
Concerns over maternity provision for pregnant women in UK prisons
UK needs a national strategy to tackle harms of alcohol, argue experts
Aerobic exercise: a powerful ally in the fight against Alzheimer’s
Cambridge leads first phase of governmental project to understand impact of smartphones and social media on young people
AASM Foundation partners with Howard University Medical Alumni Association to provide scholarships
Protective actions need regulatory support to fully defend homeowners and coastal communities, study finds
On-chip light control of semiconductor optoelectronic devices using integrated metasurfaces
America’s political house can become less divided
A common antihistamine shows promise in treating liver complications of a rare disease complication
Trastuzumab emtansine improves long-term survival in HER2 breast cancer
Is eating more red meat bad for your brain?
How does Tourette syndrome differ by sex?
Red meat consumption increases risk of dementia and cognitive decline
Study reveals how sex and racial disparities in weight loss surgery have changed over 20 years
Ultrasound-directed microbubbles could boost immune response against tumours, new Concordia research suggests
In small preliminary study, fearful pet dogs exhibited significantly different microbiomes and metabolic molecules to non-fearful dogs, suggesting the gut-brain axis might be involved in fear behavior
Examination of Large Language Model "red-teaming" defines it as a non-malicious team-effort activity to seek LLMs' limits and identifies 35 different techniques used to test them
Most microplastics in French bottled and tap water are smaller than 20 µm - fine enough to pass into blood and organs, but below the EU-recommended detection limit
A tangled web: Fossil fuel energy, plastics, and agrichemicals discourse on X/Twitter
This fast and agile robotic insect could someday aid in mechanical pollination
Researchers identify novel immune cells that may worsen asthma
[Press-News.org] Appeals Court Overturns Sex Offender Registration RequirementThe Massachusetts Court of Appeals recently ruled that the Sex Offender Registry Board may not require an individual to register as a Level 2 sex offender based solely on a conviction of possessing child pornography. Learn more about the classification of sex offenders in Massachusetts.