Sex Offender vs Registered Sex Offender, Differences
Here are the facts of the case:
My kids step dad has just plead guilty to two Class 5 Felony Counts involving my teenage daughters. My Ex has primary Custodial Care of our kids who are 15 and 17 now. We share Joint Custody.
They were unharmed physically, but scarred emotionally.
He surreptitiously video taped them for over a year at my Ex's home. He did not touch them.
The Ex has a 2 yr old kid w him.
The plea agreement has been worked out knocking down from 6 Felony Counts to 2.
He plead guilty, sentencing is in 60 days.
My concern is that my Ex claims she is in the process of divorcing this guy, but I'm not so sure she will. They have a kid together and I know her pattern.
It is up to the judge's discretion if she'll sentence him as a "Registered Sex Offender" or not . I want him registered to give my girls an extra level of protection, the Ex doesn't and she has custody. She needs him around for financial support.
Given the facts of this case I presented what are the chances that the Judge will rule in my favor, wanting him "Registered"? vs "non Registered".
Please advise if anybody is knowledgeable about this particular subject.
Thanks,
njb
Re: Sex Offender vs Registered Sex Offender, Differences
My guess, and it is only a guess since I am not the judge, is, that he better be ready to register as a sex offender because his crime falls under the definition of a sex crime. Voyeurism is a sex crime.
In the future we need to know what state the crime took place in, so that we can look up the pertinent laws to better advise you. Also, you did not state the charges that he pled guilty to. I guessed "voyeurism" because of your description of the crime. If he has pled to a lessor offense than that, it's anybody's guess what the judge will order.
Re: Sex Offender vs Registered Sex Offender, Differences
Quote:
Quoting
nite_riderusa
My guess, and it is only a guess since I am not the judge, is, that he better be ready to register as a sex offender because his crime falls under the definition of a sex crime. Voyeurism is a sex crime.
In the future we need to know what state the crime took place in, so that we can look up the pertinent laws to better advise you. Also, you did not state the charges that he pled guilty to. I guessed "voyeurism" because of your description of the crime. If he has pled to a lessor offense than that, it's anybody's guess what the judge will order.
The State is Az.
And it is 2 Counts of Voyeurism. (Class 5 Felonies)
If you can add anything, please let me know.
Thanks,
njb
Re: Sex Offender vs Registered Sex Offender, Differences
I have to ask (you don't have to answer, of course), but if the offense was committed against minor children that still live in the house, wasn't there some type of order of protection issued? Is he still allowed to be around children (including his own)? I feel for your girls AND you in this situation, and hope that the judge assures that this can't happen again.
Re: Sex Offender vs Registered Sex Offender, Differences
Quote:
Quoting
mamabear2102003
I have to ask (you don't have to answer, of course), but if the offense was committed against minor children that still live in the house, wasn't there some type of order of protection issued? Is he still allowed to be around children (including his own)? I feel for your girls AND you in this situation, and hope that the judge assures that this can't happen again.
There is an order of protection in effect until Oct. which will have to be renewed annually.
My Ex's posture on continually enforcing this is disconcerting-to say the least.
njb
Re: Sex Offender vs Registered Sex Offender, Differences
Can't you appeal the judge's ruling? You can show that your ex is not honoring the protection agreement right? I would try to appeal to a different court. Get CPS involved, and their neighbors. But remember, there is a fine line between notification and harassment. Don't over do it.
Re: Sex Offender vs Registered Sex Offender, Differences
I would consider taking your ex back to court for custody of the children.
She is balancing their safety against her household finances, and the finances are winning.
You need to get your children out of there.
Re: Sex Offender vs Registered Sex Offender, Differences
cyjeff-
sadly, it's headed that way.
njb