Can A Non-Violent Offender Be On School Property To Pick Up Own Kids

[csantacruz]

virginia, fairfax county

Is there any VA code that prohibits non-violent offenders from going on school property to pick up his own kids? The particular offense is a Felony "Use of a communication device to solicit a minor for certain offenses" Got caught in a sting operation type thing. First offense of any kind excluding traffic violations. He lives with kids per approval of his Probation Officer and court and currently has about 6 months left on probation.

The PO said it's ok for him to p/u kids but the school keeps saying no it's not up to them it's VA code. Last school year we actullay got verbal permission but then after a woman rear-ended us at the kiss and ride and she called the cops on us and my husband was areeseted and charged with loitering and trespassing in front of his crying kids. $5,000 in attorney fees later; The charges were dropped after prosecuters found out the principal had granted permission but lied at the scean of the arrest to cover his own back. Not to mention the charges were bogus since he wasn't loitering, he did have a purpose to be there, and he wasn't trepassing b/c he had approval from principal.

I just want to know what the law says so he can do the right thing. he doesn't want to get in trouble but we are getting two diffent answers and dont know who knows what they are talkign about.

thanks!

[blueeagle]

Has he considered having his PO call the school?

[csantacruz]

The PO has spoken with and even wrote a letter to the principal stating the he (the PO) has no problem with my husband being on school porperty to pickup the kids. He stated us us that the principal doesn't know what he's talking about, but the individual school/county has the right to prohibit any one person from entering school property for certain reasons if they feel it's necessary. But the school is insiting they can not do anything about it, they would like to help but they can't b/c it's VA code. You would think the PO whould step in and do something but they aren't really proactive and he gets irritated if has to be bothered with all this. He was highly aggitated b/c he was subpeoned (sp) to appear at the second arrest preliminary hearing. So it's kinda touchy with the PO b/c they can make life really hard for you if they want to. He did hint at the fact that the charges were bogus and if it were him he would fight back for being wrongfully arrested.

[csantacruz]

Also, do you know of any cases that involve these type of internet crimes that are being prosecuted as misdemeanors? It is a crime that is based on an assumption of what a person would do. How can they sentence a person who attempted to do something with the same punishment of someone who actually did something. I know this is a relatively new crime and the law is still working out how to charge and punish these types of offenders; what happens if they law changes and the punishment changes? Do the pervious offender get the benefit of the revised law?

[Baystategirl]

Also, do you know of any cases that involve these type of internet crimes that are being prosecuted as misdemeanors? It is a crime that is based on an assumption of what a person would do. How can they sentence a person who attempted to do something with the same punishment of someone who actually did something. I know this is a relatively new crime and the law is still working out how to charge and punish these types of offenders; what happens if they law changes and the punishment changes? Do the pervious offender get the benefit of the revised law?

It's called INTENT.

[csantacruz]

Thanks for giving me the proper vocabulary. Don't mistake me though, I'm not implying that there shoud be no punishment, I am asking why the punishment is the same.

[usedbranflakes]

First question - Is he a Registered Sex Offender?
Second - Was he busted in a Dateline sting, or similar public sting where all the parents know about it?

Third -
Actually, the punishment is not the same. In a lot of cases these supposedly "innocent" people get small sentences because they are not talking to a real child. When they are caught talking to a real child the penalties are much more harsh, even if they had not yet raped (kids can't consent to sex, it's statutory rape and child sexual assault at a minimum) that child. Take it from someone who studied CJ and worked with computers, it is only a matter of time until "cyber with a kid" becomes something all too real.

Had he contacted a minor, went to the home of a minor, and sexually assaulted that minor or raped that minor then you would only see him on approved visitation days for the next 10 - 20 years and had to explain to your kids what "turned out for a pack of 'cigs" meant.

These internet stings are usually conducted where the assailant thinks that they are talking to a real live KID (usually thinking they are talking to a kid 11-15 years of age). It is unfortunate that this happens, but it does. The laws are in place to protect children from these child sexual predators. Most of the time the penalties are not the years in prison and years of probation that are written into the state code, but are months in prison with years of probation.

Don't piss off the PO, whatever you do. So far you have impacted them enough to get their attention. If your husband is not allowed at the school or within 1000 feet of the school, then you will have to figure an alternate method of getting the kids home.

Without the school's consent, he can't be there. Virginia has really cracked down in child sex offenders, including these people who are in chat rooms.

If he can pick up the kids after 6 months, when he is off probation, then make arrangements for the next 6 months. If he is a lifetime RSO, then you all are going to have a hard few years.

[csantacruz]

he is registered now and has to register for a total of 10 years and he got 2 years of probation. He got caught in a sting operation by the local police, so he did not have an actula victim. I read all the transcripts between the undercover office and him and 98% of the contact was initiated by the officer and they were the ones begging to meet. Not once in the transcripts is there talk of performing any kind of sexual acts when the meeting was made. The undercover actually asks "are we going to have sex" and he said "no thst is not going to happen." Whatever, it's water under the bridge at this point.

His rehabilitation program started out with rapist and repeat offendera all in one group. It is run by a private (not state funded) inexperienced yougsters who are unorganized, always late to group sessions and unprepared. I have sat in on a couple one-on-one meetings and the counselor could not even answer my question "what are the steps he must complete for you to consider him rehabilitated?" She did know! We have to pay $60 a week and for the group sessions, $80 a month for a one-on-one session and $300 every six months for a maintence polygraph! I think I'm in the wrong line of business!

[usedbranflakes]

Unfortunately you are in a tough spot. Chances are that the PTA or some other parent's group is focused on your husband, as a RSO. In most cases the RSO parent can participate in normal parent activities. If you could get the PTA and school to come to terms with his guidelines and put this in writing, then you will be in a much better place.

If the school says no, then they have the right to work with you to make alternate pick-up arrangements, such as the kids walking a few hundred feet away from the school and the school's playground. That is not precluding the parent from their normal rights.

This is going to be an expensive lesson learned.

The counseling sounds about right and they may not release him for a year or two.

It might not hurt for your attorney to call the attorney of the school board and get this ferreted out. It might be $1000, but it beats another arrest and another $5000.