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Man loses challenge to Internet access restrictions

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A convicted sex offender’s probation condition restricting his access to certain websites and programs that are frequented by children does not violate the man’s First Amendment rights, the Indiana Court of Appeals ruled Tuesday.

Wayne Patton was convicted of Class D felony child seduction for inappropriately touching his teenage daughter’s breasts. He was required to register as a sex offender for 10 years. As part of his probation, he was ordered to not access websites, chat rooms or instant messaging programs frequented by children. He signed the form advising him of this condition at sentencing and did not object.

But in Wayne L. Patton v. State of Indiana, 17A05-1210-CR-538, Patton argued that this probation condition is vague and overbroad. He relied on Doe v. Marion County Prosecutor, 705 F.3d 694, 703 (7th Cir. 2013), to support his contention that his First Amendment rights are violated. Although the 7th Circuit Court of Appeals found I.C. 35-41-4-12 was not narrowly tailored and struck down enforcement of that portion of the law, it recognized that a trial court might constitutionally limit a defendant’s full access to the Internet as a term of supervised release if such access posed too high a risk of recidivism, the Court of Appeals pointed out. In addition, Patton is in a different position than the class of sex offenders in Doe.

“Because the condition of probation in this case is specifically tailored to only those internet activities that are ‘frequented by children,’ Patton is provided with adequate notice that he would be in violation of his probation by accessing websites that are designed and known to be used by children for communication,” Judge John Baker wrote.

“Also, in light of the vast nature of the internet, it would be virtually impossible for the legislature to list each and every website, chat room, or instant messaging program that permits communication by and among children. In short, because the language of the probation condition afforded Patton a predictable standard and notice with regard to his internet usage during his probationary period, his constitutional claims fail, and we decline to set aside the condition of probation that relates to his internet usage.”

 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

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