💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

BradP (Kansas)
Posts: 2,640
Posted:
I thought this would be some interesting reading for some people on here. As a parent I am all for it, but I am wondering how it would hold up in court.

http://www.kansas.com/mld/kansas/14808236.htm
BrianB (California)
Posts: 2,820
Posted:
Just remember as we ban everyone, that a 16 year old boy having consenual "prom fun" with a 16 year old girl can easily become a registered sex offender in many states.

So can an 18 to 60 year old, who is accused of "morning after rape" by a regretful adult, spouse, etc.. Or a parent, step parent, or other relative who tells a child "no, you can't have an Xbox" once too often.

So too, in some states, can people who simply have porn on their computer, or who kiss or touch another person at a party, celebration, football game, or new years eve party.

All it takes is an accusation.

BradP (Kansas)
Posts: 2,640
Posted:
I agree, I thought the interesting part is how they could fine someone who becomes registered after they move in, to get them to move. It doesn't seem like it would be right to do that.
WilliamT (Arizona)
Posts: 489
Posted:
Posted By BrianB on 06/13/2006 1:39 PM

Just remember as we ban everyone, that a 16 year old boy having consenual "prom fun" with a 16 year old girl can easily become a registered sex offender in many states.

So can an 18 to 60 year old, who is accused of "morning after rape" by a regretful adult, spouse, etc.. Or a parent, step parent, or other relative who tells a child "no, you can't have an Xbox" once too often.

So too, in some states, can people who simply have porn on their computer, or who kiss or touch another person at a party, celebration, football game, or new years eve party.

All it takes is an accusation.



It takes a conviction, not an accusation. An accuastion is just that, an accusation and nothing more. An accused is presumed innocent until proven guilty in a court of law. It's only then that they become a registered sex offender.

As far as fining an existing homeowner who is convicted of a sex crime and becomes a registered sex offender after purchasing the home, the bylaws would need to have language that deals with that; and I would suspect that developer has that language in their bylaws.

Citizens in cities and towns across the country have successfully kept sex offenders out of their communities by getting together and making it so uncomfortable for the authorities and the offender, that they end up getting the offender out of town.

WilliamT (Arizona)
Posts: 489
Posted:
Posted By BradP on 06/13/2006 1:44 PM

I agree, I thought the interesting part is how they could fine someone who becomes registered after they move in, to get them to move. It doesn't seem like it would be right to do that.


I would look at it just like any other CC&R violation. I assume the CC&R's state that no registered sex offender is allowed to live in the community. Then if one becomes a sex offender after moving in, s/he is in violation of the CC&R's by continuing to live there, so fines can be levied for that violation until it's cured. Of course, the language in this case would need to be very specific, and probably is.

I think it's a good move on the developers part. No one wants a convicted/registered sex offender living next door to them. If one lives in a 100-200 unit gated community with a lot of children, and a sex offender moves in, everyone would be up in arms, and would need to band together to get enough pressure on the person to move. That would be a huge amount of stress on the community. With the "no sex offenders allowed" in the CC&R's, then only the board and/or MC would need to deal with it by following the guidance of the CC&R's and their attorney.

BrianB (California)
Posts: 2,820
Posted:
I agree that it takes a conviction, but all a conviction takes in many states is an accusation, since there is no defense possible in many cases.

Remember the young man who, when his date told him to "stop", actually did STOP, dressed, and left. THe next day, he was arrested, charged with RAPE, and convicted because he didn't stop fast enough, in the court's opinion.

Just ask the family in washington, still battling the state to get their children back after what turned out to be completely unfounded lies told about them and their day care operations.

or the thousands of men and women who are convicted of "morning regret" rape based on the word of a single, regretful teenager facing parental discipline (or, regretful spouse, facing unwanted home pressures), or the thousands of step parents annually who are accused, and sometimes convicted, by vindictive children.

LisaS (Illinois)
Posts: 341
Posted:
Personally, I am a lot more worried about the sex offenders that I don't know about in my neighborhood than the one i do. (we have an offender a few blocks away....)

You never know who your neighbors really are, my fear is the false security people get from an idea like this.

I agree, there are many sex offenders who have circumstances which really are subjective. There are even those who agree to register to avoid a trial and the chance of jail. But in the end, I still believe that MOST people who end up registered sex offenders made at least one bad choice that helped them get there. Even if the choice only was taking a plea, or not taking someone straight home.
MistiH (Texas)
Posts: 52
Posted:
The "poor offender, they might not have really done" that attitudes that I am seeing here is distressing. Wow.

I wonder, would your perception change if your next door neighbor molested your eight year old child? Perhaps you could try to envision your anguish and fear.

In Texas we cannot prevent such creatures from buying homes in our community. We had one, lived right around the corner from me. When he'd been here about a year, the sheriff and feds all converged on his house and arrested him at gun point. Seems he had a felony warrant for child molestation against him in another state. Imagine that.

Loving Life in Texas!
Misti
BrianB (California)
Posts: 2,820
Posted:
if you want to prevent child molesters from living in a community with children, i am all for it.

however, do not equate "sex offender" with "child molestor" or pedophile.... there are MANY crimes that can get one a sex offender registration: indecent exposure, lewd behavior, date rape, anal sex, oral sex, and yes, child molestation.

I know that pedophiles hurt children. I also know that alcoholics hurt far more children every year than pedophiles. Somehow, i don't see the outcry for sending every alcoholic packing off to devil's island, however. If you are a parent, choose your fear: the pedophile you can warn your child about, or the drunk who can kill your child at 100 miles an hour.

MistiH (Texas)
Posts: 52
Posted:
I don't like drunk drivers either.. I just dislike child molesters more. They're both a blight in our society.

How 'bout we have a national round up of both and give 'em an old fashion Texas whoop a$$ party.


Loving Life in Texas!
Misti

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here