New child protection law in Maine is broad

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DocStrange
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13 Apr 2008, 6:13 am

Found this on FARK today:

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Those who peer at children in public could find themselves on the wrong side of the law in Maine soon.

A bill that passed the House last month aims to strengthen the crime of visual sexual aggression against children, according to state Rep. Dawn Hill, D-York.

Her involvement started when Ogunquit Police Lt. David Alexander was called to a local beach to deal with a man who appeared to be observing children entering the community bathrooms. Because the state statute prevents arrests for visual sexual aggression of a child in a public place, Alexander said he and his fellow officer could only ask the man to move along.

"There was no violation of law that we could enforce. There was nothing we could charge him with," Alexander said.

He attended a talk with Hill a week later and brought the case to her attention. Hill pledged to do what she could, Alexander said, and the result was a change through the Criminal Justice and Public Safety Committee in the House, which made the law applicable in both private and public places.

Alexander said he's grateful Hill was willing to take up the cause, and is hopeful the measure will clear the Senate.

"I'll be pleased that we were able to identify this flaw and take steps to rectify it," he said.

Under the bill, if someone is arrested for viewing children in a public place, it would be a Class D felony if the child is between 12 to 14 years old and a Class C felony if the child is under 12, according to Alexander.

Hill said she believes the move was necessary to correct what she called a "loophole" in the state's criminal law statutes.

"I told Lt. Alexander that I would be happy to work with him and sponsor a bill that would correct this in the 2008 session," Hill said. "And so we did."

In arguing for the bill, Alexander said she cited public rest rooms as places where the people using them should have a reasonable expectation of privacy. She said the committee determined that there would not be any major side effects from expanding the statute to include public places.

The bill recently cleared a fiscal review, done because of the state's major prison budget crunch, and Hill said it should be heading to the Senate before long.

York Police Chief Doug Bracy said the statute would represent a fairly minor change that would help keep the public safer, especially children. He noted that York police respond fairly regularly to reports of public peepers on the town's beaches.

With ever-growing concern over sexual predators, Bracy said the arrests will also allow police to check backgrounds and determine if there is a criminal history involved.

"There is a growing outcry by the public to protect our children," Bracy said, noting that tourists from all over the country visit York


Here's the source
http://www.seacoastonline.com/apps/pbcs.dll/article?AID=/20080406/NEWS/804060343/-1/NEWS01
and the comments on the FARK board
http://forums.fark.com/cgi/fark/comments.pl?IDLink=3533768
It reads like an Onion article, but it's genuine.
So remember, if you live in Maine, don't look at kids (i can see a bunch of kids using this against teachers who give them bad grades)


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Remnant
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13 Apr 2008, 9:13 am

So psycho BS is going to get worse. This is mental illness, violent neurosis, that is going to destroy a lot of innocent men.



DocStrange
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13 Apr 2008, 9:39 am

Remnant wrote:
So psycho BS is going to get worse. This is mental illness, violent neurosis, that is going to destroy a lot of innocent men.


technically they can get local newscasters on charges too because the transmission might make it to the eyes of children. Also what if a child's parents are separated? That's something a mother could hang over the father. It's too broad a law.


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Remnant
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13 Apr 2008, 9:52 am

People who don't know history are condemned to repeat it. This kind of law was around and sort of faded out a long time ago. I don't see that there ever was such a need for it unless the county was just compelled to find ways to pick up innocent men to use on road crews.

It's crazy. It's an "if I even think that you did something" law. There are too many cops already who just play games to hurt people and we don't need to make this kind of thing worse. Not only is it not wrong to watch children sometimes, how do you even prove it? It's one more way that a law enforcement officer who is mentally unfit for his job can pick and choose who to torment. Any person who is the slightest bit "off" or who doesn't get along with the local fascists, he can be toasted.



Odin
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13 Apr 2008, 10:32 am

This law is WAY too broad and risks causing people to fear interacting with kids because they don't want to get labeled as sex offenders for the rest of their lives. It's disturbingly close to Orwellian Thought-Crime. If some sicko is doing what this creep was doing just get after him for disturbing the peace.


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13 Apr 2008, 10:45 am

Odin wrote:
This law is WAY too broad and risks causing people to fear interacting with kids because they don't want to get labeled as sex offenders for the rest of their lives. It's disturbingly close to Orwellian Thought-Crime. If some sicko is doing what this creep was doing just get after him for disturbing the peace.


Amen.

This just scares me... it's like the clause in the Patriot Act that effectively says you can be jailed for not warning authorities someone you know was thinking about commiting an act of terrorism (whatever that means)... effectively meaning all Americans are supposed to be mind-readers.


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Chibi_Neko
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13 Apr 2008, 12:14 pm

Kids are not all innocent, I can see a bunch of kids using this law to their advantage.


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The_Cucumber
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13 Apr 2008, 5:15 pm

Yea, the wording of the law will be very important. If it's not specific enough, then it could possibly technically label all elementary and middle school teachers sex offenders as well as:

- Consolers
- Sunday School teachers
- Anyone who works at a store or restaurant that admits children
- Random people on the street who happen to glance the wrong way
- Police Officers who are keeping an eye on children to protect them from predators

See where this is going?


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EvilKimEvil
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13 Apr 2008, 6:30 pm

That's a scary law. Adults aren't allowed to look at children at all in Maine?

What about people who have a tendency to accidentally stare at people randomly without realizing it? I accidentally stare all the time, usually while I'm thinking about something else. Actually, I've gotten better at not staring, but it took a while.

I think that law would be unfair to people on the spectrum and other people who might stare by accident and are often considered "creepy" anyway just for being obviously different.



Remnant
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13 Apr 2008, 8:23 pm

They try to tell us that the slippery slope argument is wrong, but they've usually built the slope and greased it. This will be used to target people who are perceived as odd, and how do you defend against such charges? The defendant is required to prove that he didn't do something with no way to provide evidence that can prove that he didn't.



EvilKimEvil
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14 Apr 2008, 12:19 am

Yeah, how do you prove whether or not someone looked at someone?



DocStrange
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16 Apr 2008, 11:33 am

Chibi_Neko wrote:
Kids are not all innocent, I can see a bunch of kids using this law to their advantage.


that's what I said. I can see kids using this to get things for free from stores, getting all A's, getting a later bed time. This is going to turn into a "Children of the Corn" and/or "The Omen" scenario. In Maine, of all places.


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Remnant
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03 May 2008, 6:31 pm

DocStrange wrote:
Chibi_Neko wrote:
Kids are not all innocent, I can see a bunch of kids using this law to their advantage.


that's what I said. I can see kids using this to get things for free from stores, getting all A's, getting a later bed time. This is going to turn into a "Children of the Corn" and/or "The Omen" scenario. In Maine, of all places.


Maybe even at Castlerock :>



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03 May 2008, 8:31 pm

I'm glad that I'm not living in Maine. While taking a course on writing for children, I was instructed to go somewhere that children hang out and observe one. I was to take surreptitious notes on every thing the child did, for about 15 minutes. This was to learn how to build a fictional character. I can just imagine the complications that would have arisen from that... :?


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05 May 2008, 2:12 pm

Its wrong and yet its about time children are aloud to torment adults for a change because cumpolsary education is bad enough. Its about time adults under stand the torment of being a minor.


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05 May 2008, 10:50 pm

Cuts both ways ... sometimes people ARE nonces, ARE staring at kids in a lascivious way, and thoroughly deserve everything the law can throw at them.


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