Mass. SJC declares that SORB can’t use post-July 12, 2013 failed reclassification attempts as basis to publish previously barred Level Two information on the internet

SUMMARY: Massachusetts Supreme Judicial Court (SJC) clarified an earlier ruling enjoining the Massachusetts Sex Offender Registry Board (SORB) from publishing registry information on Level Two sex offenders classified before July 12, 2013. The SJC stated that SORB cannot use a post-July 12, 2013 failure to reclassify a Level Two as a Level Three as a post-July 12, 2013 finding of a Level Two, and thereby justify internet publication of the

Massachusetts High Court Upholds Civil Commitment of Sex Offender against Substantive Due Process Challenge, But Declares Portion of Sex Offender Assessment Tests Now Inadmissible

SUMMARY: The Massachusetts Supreme Judicial Court (SJC) upheld the civil commitment of a defendant as a Sexually Dangerous Person (SDP) as a result of his diagnosis as having Antisocial Personality Disorder (ASPD). The SJC rejected defendant’s Substantive Due Process claims that ASPD was insufficient to commit him as an SDP, clarifying that ASPD is sufficient proof for sexual dangerousness if there is a nexus between the disorder and the factors

“Clear and Convincing Evidence” Now the Standard for Sex Offender Classification in Massachusetts

SUMMARY: In an earth-shifting case, the Massachusetts Supreme Judicial Court (SJC) increased the standard of proof necessary for the Sex Offender Registry Board (SORB) to classify a convicted sex offender. The SJC increased the burden to a “clear and convincing” standard, replacing the older “preponderance of the evidence” standard. CASE NAME: Doe No. 380316 v. Sex Offender Registry Board, 473 Mass. 297 (2015) . DECISION: Unanimous, 7-0, opinion by Justice

Appeals Court Affirms Sex Offense Convictions, Despite Arguments Raised Regarding the First Amendment, Legislative Intent, and Limiting Instructions to the Jury

SUMMARY: The Massachusetts Appeals Court affirmed the defendant’s convictions for child rape, child pornography, and dissemination of matter harmful to minors when a 23-year old man and a 13-14 year old girl had sexual contact both in person and via cell phone. The defendant raised arguments based on legislative intent, First Amendment, and Improper jury instruction grounds, none of which the court found persuasive. The jury was notably limited by

U.S. Supreme Court Unanimously Strikes Down Law Banning Sex Offenders from Using Facebook

A unanimous (8-0) U.S. Supreme Court struck down a North Carolina law that banned registered sex offenders from using social media (such as Facebook), as it the Court deemed it a violation of the First Amendment. The case is titled Packingham v. North Carolina. Despite the unanimity, the Court was divided on how far the First Amendment prohibits states from preventing sex offenders on the web. The majority (in an