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Conditions Sex Offender Probation are Consitutional

Posted by John P. Rutkowski | Jul 24, 2019 | 0 Comments

Criminal law -- Sex offenders -- Probation -- Conditions -- Special conditions of probation restricting use of internet, including accessing or utilizing social media or other social networking, are not unconstitutional, and defendant has not argued or demonstrated any other legal grounds that would invalidate these conditions of probation. Court distinguished United States Supreme Court decision inĀ Packingham v. North Carolina, which held unconstitutional a North Carolina statute restricting access to a number of websites, because that case involved a statute that criminalized future behavior and not a condition of supervision that is part of a sentence.

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About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.


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