Alright Lawyerites, have a question about sex offenders

[pergdaddy]

Just found out that my neighbor two houses down is now in the sex offender registry for Tier II Gross Sexual Imposition. All I know is that and he has to register for 25 years. The victims were two females under the age of 13, I believe. He has kids that go to school with mine. I don't want to jump to conclusions, but I have 6 & 4 year old boys, so I'm, to say the least, concerned.

I can't find anything out about what happened which makes me prepare that he's done the worst possible thing (although any sex crime is the worst possible crime, especially when it involves children). And I am not completely clear on what Gross Sexual Imposition means. It seems that it is the line that gets crossed before it becomes rape. On the websites, it only has the file update date, no convicted of date is present, so I don't know if he's had his case or what. And it was updated 6 months ago.

I've tried eSORN, Family Watchdog and my local sheriff department website.

I've googled trying to find any type of newspaper article on an arrest or anything.

Does anybody have any suggestions on what a next step might be? I would like to find out what happened, what the incident was.

And I'm thinking about getting a gun or a very large bowie knife or something. The world is screwed up as it is but it just seems that more and more sex offenders are popping up in my general proximity. That's unnerving.

Appreciate any help.

[Okla-homey]

Just found out that my neighbor two houses down is now in the sex offender registry for Tier II Gross Sexual Imposition. All I know is that and he has to register for 25 years. The victims were two females under the age of 13, I believe. He has kids that go to school with mine. I don't want to jump to conclusions, but I have 6 & 4 year old boys, so I'm, to say the least, concerned.

I can't find anything out about what happened which makes me prepare that he's done the worst possible thing (although any sex crime is the worst possible crime, especially when it involves children). And I am not completely clear on what Gross Sexual Imposition means. It seems that it is the line that gets crossed before it becomes rape. On the websites, it only has the file update date, no convicted of date is present, so I don't know if he's had his case or what. And it was updated 6 months ago.

I've tried eSORN, Family Watchdog and my local sheriff department website.

I've googled trying to find any type of newspaper article on an arrest or anything.

Does anybody have any suggestions on what a next step might be? I would like to find out what happened, what the incident was.

And I'm thinking about getting a gun or a very large bowie knife or something. The world is screwed up as it is but it just seems that more and more sex offenders are popping up in my general proximity. That's unnerving.

Appreciate any help.

This isn't in Oklahoma is it?

[Boomer_Sooner_sax]

The county of the incident should have a record of what happened. Start with that county's court clerk's office and that should get you down the right path.

[pergdaddy]

Homey,

No, Ohio. I know the states have different laws, but I didn't know if there was a general way to go about things.

Thanks Sax, I was thinking of going to the Sheriff's Department and asking for more information. The Sheriff's Department holds the information.

[Okla-homey]

Homey,

No, Ohio. I know the states have different laws, but I didn't know if there was a general way to go about things.

Thanks Sax, I was thinking of going to the Sheriff's Department and asking for more information. The Sheriff's Department holds the information.

I was just curious because I don't think Oklahoma even has an offense styled "Gross Sexual Imposition", although we definitely have some gross sexual imposers.;)

[RacerX]

Dear pergdaddy,

Worry about all the other sex offenders that live around you that have never been caught.

To keep your children safe, treat all people as possible perps.

http://www.csom.org/
http://www.csom.org/pubs/mythsfacts.html

[JohnnyMack]

Beat the **** out of him with a tire iron.

[pergdaddy]

Mack,
That is an option that is always open.

RacerX,
I do. I don't trust anyone that I don't know. And even if I don't know them, you usually can grasp signs of there being something strange about people.

Homey,
Gross sexual imposition in Ohio constitutes:
2907.05 Gross sexual imposition.
(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:

(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.

(2) For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.

(3) The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person’s consent for the purpose of any kind of medical or dental examination, treatment, or surgery.

(4) The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.

(5) The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.

(B) No person shall knowingly touch the genitalia of another, when the touching is not through clothing, the other person is less than twelve years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

(C) Whoever violates this section is guilty of gross sexual imposition.

(1) Except as otherwise provided in this section, gross sexual imposition committed in violation of division (A)(1), (2), (3), or (5) of this section is a felony of the fourth degree. If the offender under division (A)(2) of this section substantially impairs the judgment or control of the other person or one of the other persons by administering any controlled substance described in section 3719.41 of the Revised Code to the person surreptitiously or by force, threat of force, or deception, gross sexual imposition committed in violation of division (A)(2) of this section is a felony of the third degree.

(2) Gross sexual imposition committed in violation of division (A)(4) or (B) of this section is a felony of the third degree. Except as otherwise provided in this division, for gross sexual imposition committed in violation of division (A)(4) or (B) of this section there is a presumption that a prison term shall be imposed for the offense. The court shall impose on an offender convicted of gross sexual imposition in violation of division (A)(4) or (B) of this section a mandatory prison term equal to one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the third degree if either of the following applies:

(a) Evidence other than the testimony of the victim was admitted in the case corroborating the violation;

(b) The offender previously was convicted of or pleaded guilty to a violation of this section, rape, the former offense of felonious sexual penetration, or sexual battery, and the victim of the previous offense was less than thirteen years of age.

(D) A victim need not prove physical resistance to the offender in prosecutions under this section.

(E) Evidence of specific instances of the victim’s sexual activity, opinion evidence of the victim’s sexual activity, and reputation evidence of the victim’s sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, or the victim’s past sexual activity with the offender, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.

Evidence of specific instances of the defendant’s sexual activity, opinion evidence of the defendant’s sexual activity, and reputation evidence of the defendant’s sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, the defendant’s past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.

(F) Prior to taking testimony or receiving evidence of any sexual activity of the victim or the defendant in a proceeding under this section, the court shall resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial.

(G) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim.

[85Sooner]

From what I see he probably encourage the two girls to participate in some type of sexual activity with each other. To what level would be the question. would convincing one girl to kiss another be a violation of the statute?

[pergdaddy]

That's what I'm trying to find out. I might have to make a trip to the sheriff's office. I want to know what he did so I know what I'm living next to and whether it's time to buy a gun.

[olevetonahill]

If you dont Own a weapon Now Id say stay away from One.
The use and Handling Of a Firearm Is a Learning experience in itself.
If you do Get one Make sure to Take your Kids and wife to a range regularly. Let the Kids fire It, so they arnt curious about it at the wrong times, Your wife should Know How to use it also In times when your Not there .

[stoops the eternal pimp]

My wife says that my performance is offensive...do I have to register

[pergdaddy]

olevet,
That's part of the reason I don't already own one. My kids are unafraid and I'm afraid they will get too curious. I may wait to buy a gun.

For now, the knives in the kitchen drawer will do.

[Frozen Sooner]

Mack,
That is an option that is always open.

RacerX,
I do. I don't trust anyone that I don't know. And even if I don't know them, you usually can grasp signs of there being something strange about people.

Homey,
Gross sexual imposition in Ohio constitutes:
2907.05 Gross sexual imposition.
(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:

(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.

(2) For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.

(3) The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person’s consent for the purpose of any kind of medical or dental examination, treatment, or surgery.

(4) The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.

(5) The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.

(B) No person shall knowingly touch the genitalia of another, when the touching is not through clothing, the other person is less than twelve years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

(C) Whoever violates this section is guilty of gross sexual imposition.

(1) Except as otherwise provided in this section, gross sexual imposition committed in violation of division (A)(1), (2), (3), or (5) of this section is a felony of the fourth degree. If the offender under division (A)(2) of this section substantially impairs the judgment or control of the other person or one of the other persons by administering any controlled substance described in section 3719.41 of the Revised Code to the person surreptitiously or by force, threat of force, or deception, gross sexual imposition committed in violation of division (A)(2) of this section is a felony of the third degree.

(2) Gross sexual imposition committed in violation of division (A)(4) or (B) of this section is a felony of the third degree. Except as otherwise provided in this division, for gross sexual imposition committed in violation of division (A)(4) or (B) of this section there is a presumption that a prison term shall be imposed for the offense. The court shall impose on an offender convicted of gross sexual imposition in violation of division (A)(4) or (B) of this section a mandatory prison term equal to one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the third degree if either of the following applies:

(a) Evidence other than the testimony of the victim was admitted in the case corroborating the violation;

(b) The offender previously was convicted of or pleaded guilty to a violation of this section, rape, the former offense of felonious sexual penetration, or sexual battery, and the victim of the previous offense was less than thirteen years of age.

(D) A victim need not prove physical resistance to the offender in prosecutions under this section.

(E) Evidence of specific instances of the victim’s sexual activity, opinion evidence of the victim’s sexual activity, and reputation evidence of the victim’s sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, or the victim’s past sexual activity with the offender, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.

Evidence of specific instances of the defendant’s sexual activity, opinion evidence of the defendant’s sexual activity, and reputation evidence of the defendant’s sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, the defendant’s past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.

(F) Prior to taking testimony or receiving evidence of any sexual activity of the victim or the defendant in a proceeding under this section, the court shall resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial.

(G) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim.

Waitaminute

So under Ohio Statute, it's perfectly cool to force your wife to do all kinds of crazy stuff?

[sooner_born_1960]

Not all kinds. Just the secksual kinds.

Edit: Unless that's covered in a separate statute.

[KC//CRIMSON]

Dear pergdaddy,

Worry about all the other sex offenders that live around you that have never been caught.

To keep your children safe, treat all people as possible perps.

http://www.csom.org/
http://www.csom.org/pubs/mythsfacts.html

Ditto.

Seems like a lot of wasted energy snooping around looking for dirt on your neighbors. It's not like you can do anything about it anyway, besides move away. Just sayin.

[tommieharris91]

My guess is that, if he was imposing himself on girls, then he won't harm little boys. I'd be really worried if I had a young daughter. But I'd say use the websites for advice, not this post.

[Okla-homey]

Based on that statute and what you say he was convicted of, I'd say he touched some kids inappropriately.

Now, that's scary to be sure, but, he probably didn't penetrate them.

[pergdaddy]

Homey,
That was what I was thinking.

Crimson,
I know I can't do anything about it, but I also like to know what's going on around me. I normally check like once a year or so, but my wife thought he was a little weird, so she checked while I was playing basketball last night. Remember, The More You Know and Knowledge is Power.

[JohnnyMack]

Something like this happened in my neighborhood, so the association got together and had the community pool rezoned as a park and the turd who was trying to move into our neighborhood got the boot.

[soonersn20xx]

Considering the rate of repeat offenses of alot of these criminals, I believe castration might be a more effective deterent.

[sooneron]

I haven't heard of any sex offenders deciding to switch sides. Why don't you just warn the others in the area that have daughters? Try to do it on the dl.

It seems that you're getting into an unnecessary tizzy, when you should be following the steps of RacerX.

[Frozen Sooner]

Not all kinds. Just the secksual kinds.

Edit: Unless that's covered in a separate statute.

There's always a catch, isn't there?

[TheHumanAlphabet]

Hey pergdaddy

You could always put a sign in your yard that says there is a registered sex offender in the neighborhood. Your free speech, you're not identifying the location and you are informing people. Then again, if you have homes for sale...

[Frozen Sooner]

Er, yeah, and if he puts a sign in his front yard saying that there's a registered sex offender in the neighborhood he's also going to get a lot of people thinking that he's the sex offender and he's been required to post the notice.

[pergdaddy]

Yea, don't think I'll be doing the sign thing. Might not be a good idea.

I've always been under RacerX's philosophy. Too many weirdos in the world. Can't trust anybody.

[olevetonahill]

Id think since its a Matter of Public record , that a sign Identifying the Maggot would Be ok .

[TheHumanAlphabet]

Er, yeah, and if he puts a sign in his front yard saying that there's a registered sex offender in the neighborhood he's also going to get a lot of people thinking that he's the sex offender and he's been required to post the notice.

Good point...I guess I didn't think that one through...;)

[Penguin]

Well, I'm just reminded of a story of a guy in Texas. He was 17 and had relations with his 15 year old girlfriend. the chick's parents found out and turned him in. Now, he has to register as a sex offender for the rest of his life. It was on Dateline last month, I believe.


Also, are you sure the father is the sex offender? I'm not sure how juvenile sex offender databases operate, but it might just be one of the kids.

[pergdaddy]

His picture is up on the Registry.

[Penguin]

How in the world are kids allowed to live with him?


Molesters shouldn't be able to keep their kids!

[JohnnyMack]

Well, I'm just reminded of a story of a guy in Texas. He was 17 and had relations with his 15 year old girlfriend. the chick's parents found out and turned him in. Now, he has to register as a sex offender for the rest of his life. It was on Dateline last month, I believe.


Also, are you sure the father is the sex offender? I'm not sure how juvenile sex offender databases operate, but it might just be one of the kids.

I was 19, she was 17. Never got turned in though.

[Frozen Sooner]

Good point...I guess I didn't think that one through...;)

Well, sir, maybe you should think more like a sex offend..wait.

[pergdaddy]

Penguin,
That's my issue. He's listed on the database with a record update of 2/20/08, but it shows no conviction date or release date. Unless it happened in another state, I have no idea why he's registered without a conviction.

[swardboy]

Hmmm....I've got a neighbor a couple doors down known as pergda.....er, nm.