Discover Yahoo! With Your Friends

Explore news, videos, and much more based on what your friends are reading and watching. Publish your own activity and retain full control.

To get started, first

YOUR FRIENDS' ACTIVITY

    14-Year-Olds Now Lifetime "Sex Offenders" Due to Playground Nonsense

    Here's a perfect example of the problems I mentioned in arguing that passing a "Caylee's Law" might not be the best idea as a matter of policy -- specifically, the law of unintended consequences.

    The WSJ's Law Blog notes today that after a ruling by a New Jersey court on Monday, two 14-year-old boys will be forced to register under "Megan's Law" as sex offenders because they dropped their pants and sat on some 12-year-olds' faces. Now, I'm not saying this kind of conduct is okay - it is entirely nasty and could have been a kind of "hazing," for which I have no tolerance at all. But I am saying that the result compelled by "Megan's Law," namely classifying two 14-year-olds as "sex offenders" for the rest of their lives based on what they did here, is completely unjust and presumably not what supporters of the law had in mind.

    The panel recognized that its decision would have "profound lifelong ramifications" for the two boys, and said it was sympathetic (or at least "not unsympathetic," if there's a difference), but that in its view the outcome was "mandated by the Legislature." According to the report, other courts have found a way to exempt "horseplay" from the registration requirement, but this one did not feel able to do so (or may have felt this went beyond "horseplay").

    As happened here, a "Caylee's Law" passed due to the outrage over Casey Anthony's acquittal is likely at some point to lead to a felony charge against parents innocent of any real wrongdoing. Passing it as some form of vengeance will end up having unintended and unfair consequences, and of course will have no effect on the person who prompted it in the first place. Voters should take a deep breath and consider that before voting for "Caylee's Law."

    Also Read
     

    66 comments

    • Leila  •  9 mths ago
      I was once involved in defending the case of a 13 year old having consensual sex with another 13 year old. He was charged with statutory rape and if convicted had to register as a sex offender (funny charges were not brought against the girl). Needless to say, while they should not have been engaging in this behavior, I think this is a far cry from the type of sex crimes Megan's law inteded and this mandate should be ammended.
      • Kellesta 9 mths ago
        I can agree. In my opinion the whole age crap is ridiculous. Getting charged when they're having consensual sex and only like a year or two apart is idiotic. I believe kids shouldn't be doing that at such a young age but disciplining them like that because they did is wrong, especially when the age is very close. I've always thought the whole statitory rape catagory should be relooked and fixed up.
    • Kevin  •  9 mths ago
      I do believe this is a little harsh for these young boys. Yes they were stupid in what they did but most 14 year olds ARE stupid. That law is for real criminals not stupid kids. They should be seriously punished and maybe scare the #$%$ out of them by placing them in a boys home for a few weeks but not to be labeled as sex offenders. This will destroy these boys future forever. School, relationships, friends etc. No future. New laws should have mandates and addendums to prevent something like this happening but legislatures and the like do not think about things like that and that is why our country is going to hell in a hand basket.
      • Piercings can be OK 9 mths ago
        While I agree their entire lives should not be ruined over this, what they did is considered a sexual assault and harrassment at the very least. 14 is old enough to know better than to remove their britches and place their unmentionables all over someone else's face. A lot of these "jackass"-style antics are shown on TV and in the movies to great comic effect, but in real life there are serious consequences.
      • Kellesta 9 mths ago
        Don't go blaming tv shows and movies. Kids should know the difference from right and wrong and what is done on tv is not something that you CAN or is ok to do. If they think its ok the parents haven't done what they were suppose to. If they see their kids watching things like that, either turn it off or explain to them that what they're doing on tv is not right to do and that the people on tv have it scripted and the other person knows as going out and doing it to someone else when they have no idea is a big difference and can get you into a lot of trouble.
    • who ru  •  9 mths ago
      Here is a story that will make you take a second look at THE SEX OFFENDER REGISTRY LAW In our community a girl 16 was dating a 17 year old that her Father did not like. Well the 17 year old turned 18 and to make a long story short Dad found out that they were having sex and told the boy he was no longer welcome to come around... So what happens they start sneaking around Dad finds out and calls the police.... yep he charges him with rape the kid pleads no contest and has to register as a sex offender or go to jail... well low and behold the girl who has by this time turned 17 is now pregnant and they want to get married. NOW Daddy likes the kid just fine but oooopppps can't unring the bell that is the sex offender law. FAST FORWARD 15 years they are still married they have 3 children, he is still a registered sex offender has to notify the sheriffs dept every year where he lives, can't go to church because there are too many children there, has never been able to take his kids to a park, or Disney World, etc etc AND couldn't assist in the care of his 87 year old Grandmothers care because she lived one block from a school..... OH AND DID I FORGET TO MENTION he has never been allowed to go to one of his childrens school conferences, or any of their school functions..... Like most of these KNEE JERK laws, there doesn't seem to be any room for common sense application in them.
      • Kellesta 9 mths ago
        Yeah, I know how crooked the sex offenders list can be. Did you know that if you're caugth peeing in public you are put on the sex offenders list? Any small stupid thing like that you can be put on it. In my opinion, they should have to be more specific for some laws, especially that.
      • Jennifer 9 mths ago
        I agree with you about your scenario but the CONSENTUAL sex between teenagers is not the same thing as holding down UNWILLING people, of any age, and orally raping them in a forceful way.
    • Travis Johnson  •  9 mths ago
      They need to change what gets you included on the sex offenders list. These boys should have been punished, but not labeled sex offenders for life. I also think it is harsh to label the 20 year old who is dating a 17 year old a sex offender for life. Things just need to be tweaked a little bit. I want to know what I am looking at when I see that someone is a sex offender.
    • Bryan  •  9 mths ago
      For those who say that this punishment is just, these boys made a decision at 14 that will significantly narrow their choices of where to live, their choices of what they can do for a living, and carry a lifelong stigma. At 14 these boys can't fully understand the ramifications of such an action, even if they should have known better.
      • August 9 mths ago
        regardless of what should or shouldn't have happened what will happen is that these two boys, now that they are classified as dangerous felons, will never find gainful employment and must resort to crime and violence for the rest of their lives. This law creates criminals out of children and was spawned by fear and control.
      • eltoro 9 mths ago
        your are both wrong, they have already resorted to crime, at 14 we all knew what we were doing and what we could get away with, and these two believed that they would not be held accountable for since a lot of you let them get away with murder and rape, in prison is where they belong and not among society or among young children.
      • eltoro 9 mths ago
        Jeremy, at 18 you cant drink but you can damn sure be shipped out to invade other countries, and at 14 they do know what they can and can not get away with, I am sure glad that you are not the judge, for if you were and they done this to your sister or daughter, whatever applies, I do beleave you'd do the wrong thing, you would let them go so that they could do it again, only this time, to someone elses child .
    • skippyjon  •  9 mths ago
      I agree with the writer of this article. Parents may not know their children are 'missing' until it is past the deadline. In many small communities where neighborhood kids hang out together at each others houses, kids of a certain age routinely go out and play or hang out with friends in the morning, grab snacks here and there and possibly not be 'seen' by a parent until supper. Maybe this isn't how parents should be 'parenting' in this world of ours but that is reality. Neighborhoods of people who know each other well, take care of each others kids and it's considered a 'norm' if the child is anywhere from 10-15. How does the parent know the child is 'missing' and not just at a friend's place where he or she usually is? Ok, improving the communication. Yes. But again...reality?

      What will happen is that a) piles of parents will begin calling law enforcement at the drop of a hat when their child is simply not responding to their name being called out othe back door..for fear of being charged if they go past the magic hour.....or b) some poor parent is going to call after the 'magic hour' because the child wasn't at a friend's place after all...and then be charged for not calling 'in time'

      This is a law that seriously needs consideration before implementation.
    • elem_finance  •  9 mths ago
      I'm sickened by sex offenders as much as the next person but the laws governing the treatment of sex offenders need some work. Is an 18 year old who engages in sexual relations with his 17 year old consenting girlfriend the same as a man who rapes a young child? I know many states make a distinction but not all.
    • Common Sense is dangerous  •  9 mths ago
      this is why blanket policies and laws do not work. sex offender should be labeled but only true offenders should be given this label. the system failed these kids
    • AlK  •  9 mths ago
      Sex offender label too strong. But those kids were lucky they didn't get their butts chewed!
    • Brad  •  9 mths ago
      The soliders that returned home from war had issues and they now must register as sex offenders and the gr. of Ca. won't change the law. People say and do things in public and must register as sex offenders. Go to a concert and there are acts that are worst then that. The law is stupid and needs to change. No one has done a thing about it. While the real hard core sex offenders are out there getting away with not registering. This is a watse of tax's payers money again!
    • TheBiggestLakerFanEver  •  9 mths ago
      Unbelievable...Most of you have no mercy or compassion in your hearts at all. 14 is not an innocent age, no...but if they were truly heinous in their actions, would they really have stopped at just an "assing"? I found it interesting that the article (or any of the links) failed to mention whether the "victims" were male or female.

      These boys deserve punishment, but not to have their lives ruined. This is an outrage, and I hope someone over there stands up for these boys. At 14...they aren't even given a chance. This is not what the law was intended for.
    • Bob C  •  9 mths ago
      Ok, so some idiot kids did an idiot thing; that act may have traumatized the 12yo who knows. But...don't lessen a law to accomodate the "idiots". How about, when they hit 21, they can PAY the courts to reconsider their status as "registered sex offenders". If they have maintained a clean, socially acceptable record, maybe the courts could find them "rehabilitated" and reduce the "lifetime" reporting. But the law was written to protect the public and that is a hard job to accomplish. There will always be fringe examples like this one. Don't undo the whole system over those few.
    • JohnD  •  9 mths ago
      Can making a common hand gesture lead to a sex crime arrest?1984 has past and now the lawyers will run personal responsibility! The rich and famous get away with stuff that would get the commoners a jfail cell because they can afford better lawyers! It's a shame that senators and congress inquisition people over lying to them when they lie to us constantly! They are not the judiciary! Contempt of Congress: most americans should be arrested for this! Big Brother is watching! Remember, Great science fiction usually leads to scary reality!!
    • Bob  •  9 mths ago
      If this law had been in place when I was growing up everybody in my graduating class would've been on this list, guys used to try and whack each other in the nuts occassionally.
    • socraticus  •  9 mths ago
      The problem is that if any kind of penal law has exemptions or wiggle room, it will be abused and offenders will get off. On the other hand, a zero-tolerance policy that allows for NO discretion leaves us with these kinds of situations. Did you hear about the kid who was expelled because he had a toy gun in school?
    • Timothy  •  9 mths ago
      people we all need to read the articles of the constitution where it states that NO BRANCH OF GOVERNMENT SHALL INFRINGE FURTHER PUNISHMENT UPON THE PEOPLE OF THE UNITED STATES .if we all let our government to run our life ,we are all going to be subjected to be punish for life .and furthermore, more and more people will and could not get a job or a place to live .every family are effected by all these laws that are destroying our constitution by our own government.
    • Jeremy  •  9 mths ago
      They are 14 for Christs sake. 14 year old cannot drink,vote ,smoke or drive in a lot of states because they are not mature enough to better quite yet. They should be punished, but not like that!
    • Kristen Mills  •  9 mths ago
      They are 14. Being 14 myself, I can honestly say we're childish because we're teenagers. And we're living our childhood to the fullest. They should be punished, maybe grounded for 3 months, give the child an apology, extra chores, something like that. But not being forced to be a registered sex offender. Thats too extreme.
    • Julie  •  9 mths ago
      I think that Parents need to be more proactive in their childs lives and not let them run around town like wild animals, thats why we have all the killings and drug using, because there are some parents that just do not care and let their kids run free, also 14 year olds know between right and wrong, so they should have never done what they did!!!!
    • Sherrill  •  9 mths ago
      What these kids did was wrong and gross, and could have been rather dangerous. However, it was not sexual in nature, it was bullying in nature. There is a difference. Should they have to register as sex offenders for this? No. Should they be punished harshly for this, maybe some juvie time, expulsion, possibly an actual criminal charge? Yes.
    [ [ [['A picture is worth a thousand words', 5]], 'http://news.yahoo.com/why-facebook-bought-instagram-4-theories-160400376.html', '[Related: Why Facebook bought Instagram: 4 theories]', ' ', '630', ' ', ' ', ], [ [['He was in shock and still strapped to his seat', 9]], 'http://contributor.yahoo.com/join/yahoonews_virginiabeach', '[Did you witness the jet crash? Share your story with Yahoo! News]', ' ', '630', ' ', ' ', ], [ [['A JetBlue flight from New York to Las Vegas', 3]], 'http://yhoo.it/GV9zpj', '[Related: View photos of the JetBlue plane in Amarillo]', ' ', '630', ' ', ' ', ], [ [['Dick Clark', 11]], 'http://news.yahoo.com/photos/dick-clark-dies-at-82-slideshow/', 'Click image to see more photos', 'http://l.yimg.com/a/p/us/news/editorial/c/21/c217c61aa2d5872244c08caa13c16ec5.jpeg', '500', ' ', 'Reuters', ], [ [['the 28-year-old neighborhood watchman who shot and killed', 15]], 'http://news.yahoo.com/photos/white-house-stays-out-of-teen-s-killing-slideshow/', 'Click image to see more photos', 'http://l.yimg.com/cv/ip/ap/default/120411/martinzimmermen.jpg', '630', ' ', 'AP', ], [ [['Titanic', 7]], 'http://news.yahoo.com/titanic-anniversary/', ' ', 'http://l.yimg.com/a/p/us/news/editorial/b/4e/b4e5ad9f00b5dfeeec2226d53e173569.jpeg', '550', ' ', ' ', ], [ [['He was in shock and still strapped to his seat', 6]], 'http://news.yahoo.com/photos/navy-jet-crashes-in-virginia-slideshow/', 'Click image to see more photos', 'http://l.yimg.com/cv/ip/ap/default/120406/jet_ap.jpg', '630', ' ', 'AP', ], [ [['xxxxxxxxxxxx', 11]], 'http://news.yahoo.com/photos/russian-grannies-win-bid-to-sing-at-eurovision-1331223625-slideshow/', 'Click image to see more photos', 'http://l.yimg.com/a/p/us/news/editorial/1/56/156d92f2760dcd3e75bcd649a8b85fcf.jpeg', '500', ' ', 'AP', ] ]
    [ [ [[' the 28-year-old neighborhood watchman who shot and killed', 4]], '28924649', '0' ], [ [['because I know God protects me', 14], ['Brian Snow was at a nearby credit union', 5]], '28811216', '0' ], [ [['The state news agency RIA-Novosti quoted Rosaviatsiya', 6]], '28805461', '0' ], [ [['measure all but certain to fail in the face of bipartisan', 4]], '28771014', '0' ], [ [['matter what you do in this case', 5]], '28759848', '0' ], [ [['presume laws are constitutional', 7]], '28747556', '0' ], [ [['has destroyed 15 to 25 houses', 7]], '28744868', '0' ], [ [['short answer is yes', 7]], '28746030', '0' ], [ [['opportunity to tell the real story', 7]], '28731764', '0' ], [ [['entirely respectable way to put off the searing constitutional controversy', 7]], '28723797', '0' ], [ [['point of my campaign is that big ideas matter', 9]], '28712293', '0' ], [ [['As the standoff dragged into a second day', 7]], '28687424', '0' ], [ [['French police stepped up the search', 17]], '28667224', '0' ], [ [['Seeking to elevate his candidacy back to a general', 8]], '28660934', '0' ], [ [['The tragic story of Trayvon Martin', 4]], '28647343', '0' ], [ [['Karzai will get a chance soon to express', 8]], '28630306', '0' ], [ [['powerful storms stretching', 8]], '28493546', '0' ], [ [['basic norm that death is private', 6]], '28413590', '0' ], [ [['songwriter also saw a surge in sales for her debut album', 6]], '28413590', '1', 'Watch music videos from Whitney Houston ', 'on Yahoo! Music', 'http://music.yahoo.com' ], [ [['keyword', 99999999999999999999999]], 'videoID', '1', 'overwrite-pre-description', 'overwrite-link-string', 'overwrite-link-url' ] ]
    Jeff Greenfield on presidential psychology. Read now.
    The Signal crunches the numbers.
    The most secret scale model ever?
    • A man looks at his Apple iPad in front an Apple logo outside an Apple store in downtown Shanghai
      Apple readies iPhone with bigger screen: sources Reiji Murai

      TOKYO (Reuters) - Apple Inc plans to use a larger screen on the next-generation iPhone and has begun to place orders for the new displays from suppliers in South Korea and Japan, people familiar with the … More »Apple readies iPhone with bigger screen: sources

      A man looks at his Apple iPad in front an Apple logo outside an Apple store in downtown Shanghai

      TOKYO (Reuters) - Apple Inc plans to use a larger screen on the next-generation iPhone and has begun to place orders for the new displays from suppliers in South Korea and Japan, people familiar with the situation said on Wednesday. The new iPhone screens will measure 4 inches from corner to corner, one source said. That …

    • A flag announcing the IPO of Facebook flies next to the American flag outside the offices of J.P. Morgan in New York City
      Facebook boosts IPO size by 25 percent, could top $16 billion Olivia Oran and Alexei Oreskovic

      NEW YORK/SAN FRANCISCO (Reuters) - Facebook Inc increased the size of its initial public offering by almost 25 percent, and could raise as much as $16 billion as strong investor demand for a share of the … More »Facebook boosts IPO size by 25 percent, could top $16 billion

      A flag announcing the IPO of Facebook flies next to the American flag outside the offices of J.P. Morgan in New York City

      NEW YORK/SAN FRANCISCO (Reuters) - Facebook Inc increased the size of its initial public offering by almost 25 percent, and could raise as much as $16 billion as strong investor demand for a share of the No.1 social network trumps debate about its long-term potential to make money. Facebook, founded eight years ago by Mark …

    • Workers maintain the huge Euro logo in front headquarters of ECB in Frankfurt
      Exclusive: ECB stops operations with some Greek banks Annika Breidthardt and Andreas Framke

      BERLIN/FRANKFURT (Reuters) - The European Central Bank has stopped providing liquidity to some Greek banks as they have not been successfully recapitalized, the ECB said on Wednesday, confirming news earlier … More »Exclusive: ECB stops operations with some Greek banks

      Workers maintain the huge Euro logo in front headquarters of ECB in Frankfurt

      BERLIN/FRANKFURT (Reuters) - The European Central Bank has stopped providing liquidity to some Greek banks as they have not been successfully recapitalized, the ECB said on Wednesday, confirming news earlier reported exclusively by Reuters. The news sent the euro lower against the dollar, fanning concerns among investors …

    • Fighter Pilots Claim Intimidation Over F-22 Raptor Jets
      Pentagon restricts F-22 flights, safety a concern ROBERT BURNS

      Facing a mysterious safety problem with the Air Force's most-prized stealth fighter, Defense Secretary Leon Panetta on Tuesday ordered new flight restrictions on the F-22 and summoned help from Navy and … More »Pentagon restricts F-22 flights, safety a concern

      Fighter Pilots Claim Intimidation Over F-22 Raptor Jets

      Facing a mysterious safety problem with the Air Force's most-prized stealth fighter, Defense Secretary Leon Panetta on Tuesday ordered new flight restrictions on the F-22 and summoned help from Navy and NASA experts.

    • Buffett's firm buys 10M share stake in GM JOSH FUNK

      Warren Buffett's company is apparently bullish on the U.S. auto industry. More »Buffett's firm buys 10M share stake in GM

      Warren Buffett's company is apparently bullish on the U.S. auto industry.

     
    Brought to you byYahoo! Finance
    Loading...