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QUESTION:
As a homeowner who cannot sell a home due to a next door neighbor who is a sex offender I am looking for some help. Does anyone have any information on the possibility of a lawsuit against a registered sex offender for loss of property value? We are DESPERATE!!
MR.K
ANSWER:
Dear Mr. K,
This is MY opinion. Please don’t construe it as legal advice. Your best bet is to sue the state, for passing these laws without any forethought or statistical data. I don’t think you would have a problem winning a negligence claim against them for that. Again, this is my opinion. These laws should be narrowly tailored to pertain only to those most dangerous offenders, who, in my opinion should not be out on the streets in the first place. As it is now, the category of offenders subjected to registration is too overbroad. Statutory rape cases where the sex was consensual are one example. Another is children who were caught playing doctor or putting nude photos of themselves up on the internet.
The type of situation you describe is one example of the inherent and obvious result of "Feel Good" legislation. It is ill thought out and designed only to win votes for politicians. It has very little if anything to do with protecting children. 95% of new sex crimes are committed by someone who is NOT a registered sex offender. This is according to the Department of Justice. Therefore, how is the registry really keeping us safe?
The sex offenders themselves did not pass these laws, the state did and so thereby, in my opinion, they are liable for damages. The "right to know" comes with a price tag. Unfortunately it is your neighbor paying the price.
Question:
I am writing concerning the 1000 foot School Safetey Zone restrictions within the Sex Offender Registration statutes. I am on the Registry for a misdemeanor. My one and only contact with the criminal justice system. My offense was possecion only ,of child pornography on my computer in 1998. It was a one time thing and I rightfully so, spent my time in prison and did my supervision period whith no problems and have never had a restriction from being around minors. I comply with all registry requirements and despite the label have managed to keep my family together and lead a productive happy life. While I understand it is the AG's responsibility to enforce the laws the legislature has passed and I have written my legislators as well, I am in need of an explanation which I cant seem to get an answer to.
Our son who is now 16 is heavily involved in Hgih School activities including athletic events. In order to prevent any problems I contacted the Michigan State Police Registry Department to get a clarification on the School Safetey Zone langauge as it pertains to the definition of "Loiter". I asked if this prohibited me from attending our sons athletic events, dropping off and picking up from, school and parent teacher conferences. The response I got was rather disturbing. I was told they couldnt give me that information and suggested I call the Oakland County Prosecutors offfice or my local police department. I then called my local police department and spoke to the detective who handles the registry administration. He advised me he would have to check into it and get back to me, which he did the next day. I was told that I am not prohibited from attending the school activities. The next day I happened to read a newspaper article from another County where the sherriff stated that someone one the Registry would not be able to step foot on school property for any reason. After reading this I wrote to the Oakland County prosecuters office describing what has transpired and asked for a clarification. Their response was that they could not give me that information and I should obtain an attorney to get a clarification. I can no longer afford to hire an attorney . It is absurd that someone trying to do their best to stay in compliance with these laws cannot get an explanation from someone in a position of authority without having to hire an attorney. I am not a monster nor a predator or pedophile but I will comply with the laws that partain to me. It is bordering on a constitutional issue and I will be pursuing that through the proper channels but for now all I want is a simple clarification of the law. Does the word 'Loiter" prohibit me from being on school grounds for a speceific puropse involving my child?
ANSWER:
Hi Anthony,
A couple of thoughts, perhaps you could go online to your state's legislative website and look up the definition of "loiter" or "loitering". It seems to me you would be guilty of neither since you have legitimate reasons for being at the school. Additionally, you should not have any problems if you are no longer under any kind of supervised release such as parole or probation. If you are on parole or probation I am certain your po could give you the appropriate answer.
I have not yet seen the statute you are talking about so I am a little unclear as to the intent and wording. I am also not an attorney. I have however been researching these laws for over 15 years now. Let me run your e-mail by e-advocate. He runs the geocities/voicism news and noteworthy articles on sex offenders site. He's quite intelligent and I believe he has some legal background as well.
If you could find me the statute under Michigan revised statutes if it is a state law that would be most helpful.
I understand your fear completely. I think of these laws literally as a mine field. Trip one up and all roads lead straight to prison. Things have become far beyond ridiculous and one can certainly never be too careful.