New York Governor Bars Sex Offenders From Playing Pokemon Go (theverge.com) 246
Adi Robertson, reporting for The Verge: At the direction of Governor Andrew Cuomo, New York's correctional department has made playing online games a violation of parole for sex offenders -- particularly Pokemon Go. In a statement, Cuomo said that people on the sex offender registry are now banned from "downloading, accessing, or otherwise engaging in any internet enabled gaming activities, including Pokemon Go." He also published a letter that he sent to game developer Niantic, asking for its cooperation in preventing registrants from signing up. The decision is based on a report from two New York state senators, released last week. Jeffrey Klein and Diane Savino visited the locations of 100 registered sex offenders in New York City and found 57 pokemon and 59 pokestops and gyms within half a city block. They were particularly worried about the "lures" that draw pokemon -- and thus players, including children -- to a location. While criminals have used pokestops and lures to attract and rob players, there are no known cases of sexual predators using them so far. Nonetheless, Klein and Savino have crafted bills that would ban sex offenders from playing the game and require Niantic to remove any Pokemon Go-related items or locations from near their homes.
wait what (Score:4, Insightful)
"require Niantic to remove any Pokemon Go-related items or locations from near their homes."
fuck that shit I don't want pokestops removed from near where I live because some public pisser lives nearby.
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Plus this is New York City we're talking about here. You can't stretch your arms without giving someone a black eye. Any kind of geo-location based restrictions on anyone seem totally absurd. Things like this in particular will impact a large number of people in the "blast zone".
Not even sure how that idea works in NYC at all anyways.
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I think we all need to start playing Pokemon Go now, or else onlookers will think we're sex offenders who aren't allowed to play it.
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I'm unsure which shame is worse.
Re:wait what (Score:5, Insightful)
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I just want to know, if you're pissing in Central park at 3 a.m, who are you exposing yourself to exactly?
It's been perfectly legal to piss outdoors since forever minus 75 years or so, I don't see the harm unless you make eye contact and start shaking it rapidly.
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I just want to know, if you're pissing in Central park at 3 a.m, who are you exposing yourself to exactly?
The cop who arrests you, obviously.
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Yes you exposed yourself, but you aren't a "sex offender" (except in the eyes of the law, since they've legislated one to equal the other)
Which is, in fact, a religious preference (Puritanism, specifically, the hell-spawn of the Massachusetts Bay Colony) . The naked human body is not automatically sexual in most of the world.
No wonder that mixing of Church and State detonates so spectacularly in every case where it's tried.
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The federalist papers where just propaganda (many historians uphold this belief, though the supreme court usually sees them as dogma re: how to read the constitution)
If you REALLY want to know what the constitution means, you'll read the ratification debates. See, the American people met in town halls and libraries all across the 13 colonies to discuss the constitution and if they would ratify it. As you can imagine this 'founding generation' (not to be confused with the Founding Fathers) had many questions
Re:wait what (Score:5, Informative)
Educate yourself:
At least 13 states require registration for public urination; of those, two limit registration to those who committed the act in view of a minor.
Arizona, Ariz. Rev. Stat. 13-3821 (if the individual has more than one previous conviction for public urination-two if exposed to a person under 15; three if exposed to a person over 15); California, Cal. Penal Code 314(1)-(2), 290; Connecticut, Conn. Gen. Stat. 53a-186, 54-250, 54-251 (if the victim was under 18); Georgia, O.C.G.A. 42-1-12, 16-6-8 (if done in view of a minor); Idaho, Idaho Code Ann. 18-4116, 8306, 8304; Kentucky, Ky. Rev. Stat. Ann. 510.148, 17.520, 500, 510.150; Massachusetts, Mass. Gen. Laws ch. 272 16, ALM GL ch. 6 178G, 178C; Michigan, Mich. Comp. Laws 167(1)(f), 28.722, 723; New Hampshire, N.H. Rev. Stat. Ann. 651-B:1, RSA 651-B:2, 645:1(II), (III); Oklahoma, 57 Okl.St. 582.21, 1021; South Carolina, S.C. Code Ann. 23-3-430; Utah, Utah Code Ann. 77-27-21.5, 76-9-702.5; Vermont, Vt. Stat. Ann. Tit. 13, 2601, 5407, 5401.
https://www.hrw.org/report/2007/09/11/no-easy-answers/sex-offender-laws-us
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Can a minor who publically urinates in AZ be convicted as a sex offender for exposing himself in view of a minor (himself)?
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Educate yourself:
At least 13 states require registration for public urination; of those, two limit registration to those who committed the act in view of a minor. Arizona, Ariz. Rev. Stat. 13-3821 (if the individual has more than one previous conviction for public urination-two if exposed to a person under 15; three if exposed to a person over 15); California, Cal. Penal Code 314(1)-(2), 290; Connecticut, Conn. Gen. Stat. 53a-186, 54-250, 54-251 (if the victim was under 18); Georgia, O.C.G.A. 42-1-12, 16-6-8 (if done in view of a minor); Idaho, Idaho Code Ann. 18-4116, 8306, 8304; Kentucky, Ky. Rev. Stat. Ann. 510.148, 17.520, 500, 510.150; Massachusetts, Mass. Gen. Laws ch. 272 16, ALM GL ch. 6 178G, 178C; Michigan, Mich. Comp. Laws 167(1)(f), 28.722, 723; New Hampshire, N.H. Rev. Stat. Ann. 651-B:1, RSA 651-B:2, 645:1(II), (III); Oklahoma, 57 Okl.St. 582.21, 1021; South Carolina, S.C. Code Ann. 23-3-430; Utah, Utah Code Ann. 77-27-21.5, 76-9-702.5; Vermont, Vt. Stat. Ann. Tit. 13, 2601, 5407, 5401.
https://www.hrw.org/report/2007/09/11/no-easy-answers/sex-offender-laws-us
I can't find urination mentioned in any of those statues, but I stopped searching at Idaho because it was feeling pointless.
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A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.
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2. They don't regulate urination, they regulate "exposure" which you are guilty of if you're whipping it out in a public place. e.g. (from the CA penal code):
Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or,
That's my fucking point. Pissing isn't relevant, it's about whipping your dick out. You don't have to expose your penis to urinate in a public place. If you pull out your penis for other
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There are plenty of urinating statue fountains out there, too.
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So if you pee your pants, then it is legal? Way to roll back civilized behavior!
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13 states require registration for public urination
Where do I go register to urinate? I'd better do that before I get caught.
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Even if it is the exposure that makes it a sex offence, is being seen pissing really worth putting people on a permanent register for?
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I believe it's mostly people that were retroactively put on when the registry was created.
Plea to a slap on the wrist for indecent exposure, all done, then new rules.
I would expect most pissing in public lands you a drunk and disorderly now.
No more pokemon Go in the US (Score:4, Insightful)
If you should remove every pokemon in a zone of half a block around any sex offender, due to the size of the sex offender list there is no more place you can put a pokemon on the map of the USA :)
Re:No more pokemon Go in the US (Score:5, Informative)
Re:No more pokemon Go in the US (Score:4, Funny)
Furthermore, you must weigh the same as a duck and be made of wood.
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I don't understand how there can be sex offender registries, but people who have committed murder have no such listings.
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Agreed. It's all politics. ... "think of the children" is a great pandering tool.
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So there would be that advantage at least ;)
(for the humor-impaired: /Sarcsm:off )
Re:No more pokemon Go in the US (Score:5, Insightful)
If you should remove every pokemon in a zone of half a block around any sex offender, due to the size of the sex offender list there is no more place you can put a pokemon on the map of the USA :)
I think you got that backwards. Due to number of "minimum x hundred meters from any school, park, whatever" quite ordinary urban areas are mostly off limits and so sex offenders are squished together in small areas that meet all the requirements. Heck I've even read stories that people ended up living under a bridge because there was no damn way to avoid all the limitations - probably intentionally so they'd move and be somebody else's problem. And due to the notification requirements the whole neighborhood is perfectly aware of this concentration which leads to most everyone else getting the hell out of there. So no, you'd have lots of circles but most of them would intersect ending up not covering much of the US at all.
Low bar for being in the registry (Score:4, Insightful)
Sounds like a misguided attempt to "think of the children!"
Does NY law really work that way? (Score:4, Interesting)
Can the governor really just declare what is and is not a parole violation? Also, what communication ensures the parolees get the memo?
Re:Does NY law really work that way? (Score:5, Interesting)
If a person is on parole, they are still incarcerated. They're incarceration is relaxed for a given amount of time, in an attempt to rehabilitate (that's the idea anyway). Keep in mind, prisoners are slaves. It's in the constitution. The US allows two types of slavery: convicted prisoners and people in military service.
So yes, they can attach any arbitrary rules.
The sex offender list is fucking terrible in the US for reasons stated in other comments. Uncle bill who rapes a 12 year old shouldn't be lumped together with an 18 year old who fucks his or her 17 year old partner (which is legal in George, but not Tennessee because we have wildly varying age of consent laws, which itself is totally fucked up).
The justice system has no interest in truly finding a solution to sex offenders. We just punish and punish and punish and give them no hope of being able to fix themselves. In Australia, the sex offender registry is confidential. No one can access it except for very specific jobs and living situations.
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Yup. As egrarious as it is, once your in parole world, you pretty much dont have civil rights anymore.
Or at least the government seems to think so. Not all the lawyers, and judges for that matter, agree, but some shmoe on parole for a crime thats hard to publically defend (Ie pedos or whatever) aint got the money to fight for his rights, and is pretty much screwed.
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The terms of Parole are set by the Judge.
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Since I've never been jailed and subsequently paroled, I yield to your experience.
What did you do?
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Also rights granted to most people (like constitutional rights) don't apply to people who are still on paper (still in the corrections system on parole or incarcerated)
These rights aren't granted they're guaranteed. Many of the rights our country is built upon are inalienable, meaning they absolutely do apply to people in prison. The government cannot legally take them away, nor can anyone else. They are inalienable.
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You're only half right. The Declaration states that we have "certain inalienable rights" which means we just have them, not that they're granted by the State. The Bill of Rights goes on to state that we can't be deprived of those rights without due process of law.
If you've been convicted, sentenced, and released on parole, your rights are still subject to being curtailed under due process. You only have the rights the State grants you at that point. Basic human rights are still in effect (they can't lit
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However, parole is not mandatory for the convict. The convict is offered the choice of staying in prison vs. getting out and adhering to a lot of rules, which may be arbitrary. If the rules become unacceptable, back to prison is an option.
I'm not saying that this is necessarily good, I'm saying it's considered constitutional.
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"Especially, the life, liberty, and pursuit of happiness ones, those are never taken away by the gov't at the prison doors. "
Ever hear of the death penalty?
Lurkers (Score:2)
You don't have to play to Lurk. All the pokemon stops are fixed in space. They become the real world equivalent of the on-line chatroom. I can't believe I just wrote that last bass ackward sentence-- it's like saying I'm like a chocoholic except for me it's alcohol.
So this does nothing really. But it probably will matter more when Pokemon go gets more inter-player interactions like arranging to meet for "competitions".
Wait, wait..... (Score:2)
"Cuomo said that people on the sex offender registry are now banned from "downloading, accessing, or otherwise engaging in any internet enabled gaming activities, including Pokemon Go."
Yeah, I don't think that's legal on the face of it unless it's part of the offender's court order, and I don't think a Governor has the power to do that in any case.
Re:Wait, wait..... (Score:5, Insightful)
You'd be surprised what people will tolerate when it comes to a witch hunt.
Ah, Summer (Score:2)
"Cuomo said that people on the sex offender registry are now banned from "downloading, accessing, or otherwise engaging in any internet enabled gaming activities, including Pokemon Go."
Yeah, I don't think that's legal on the face of it unless it's part of the offender's court order, and I don't think a Governor has the power to do that in any case.
Ah, Summer. Your first witch hunt.
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"Cuomo said that people on the sex offender registry are now banned from "downloading, accessing, or otherwise engaging in any internet enabled gaming activities, including Pokemon Go."
Yeah, I don't think that's legal on the face of it unless it's part of the offender's court order, and I don't think a Governor has the power to do that in any case.
Ah, Summer. Your first witch hunt.
Gotta burn them all.
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Public opinion not only says it's justified, it says you are probably a pedophile for suggesting otherwise.
People need their bogeyman.
Just Ban Sex Offenders (Score:5, Insightful)
With all the other restrictions we place on them... public registries, public notifications of where they live, living area restrictions, job restrictions, firearm restrictions, voting restrictions, social media restrictions, etc. All after they served their "time" for their crimes. We throw in a restriction from playing video games that work online?
Just ban sex offenders. Ship them all internment camps in Alaska... It's not like they're human anymore anyway. /Sarcasm
Realistically, we need to do away with these public list and what have you. If they already served their time why are they continually publicly shamed? And don't get me wrong, I have no sympathy for rapist and molesters. We should increase the penalty for these crimes, right up to chemical castration... Keep them in prison longer (also reduce the amount we spend on prisoners...) But once they get out, they're supposed to be "Reformed." So treat them like human. Otherwise keep them locked up.
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from what I've read the original idea (this was 20+ years ago, mind you) was that child molesters can't help themselves, so keeping them away from temptation (residency restrictions) and giving everyone else enough info to keep temptation away from them (publicized addresses) was a good thing. Then they started piling all the not-predator stuff on. And of course since then the attitude has changed from "they can't help themselves" to "they are responsible for their actions", which undermines the entire purp
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What does "served their times" even mean? These people were removed from society because they were deemed too dangerous. After they leave prison they are still a considerable risk to others, hence the restrictions.
It's not that hard.
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Then why do you only do it for sex offenders? Plenty of other prisoners are released when they are known to be a danger to society but don't have restrictions placed on them after they have served their time. Shouldn't they have restrictions placed on them? Oh yeah, it's against their rights! But somehow that doesn't apply for a sex offender (for which the definition is very wide).
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You're right. It's not that hard.
If they are still a "considerable risk to others" they should not be let out of prison in the first place. We shouldn't be using prison for something so base and depraved as revenge. It should be about public safety, first and foremost, followed by rehabilitation. A comprehensive psychological evaluation should be performed on intake, and an equally comprehensive evaluation, specifically as the the likelihood of recidivism, prior to release. If the offender can't be cer
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Because the public has this twisted idea that if we know who they are and where they live, we'll all be "safer". Never mind that you're a thousand times more likely to molested by a non family adult known to the child (teacher, coach, etc...) than by a stranger... and a thousand times more likely than that to be molested by a family member. Sex offender registries and "stranger danger" are nothing more than moral panic [wikipedia.org].
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Prison has turned into punishment and about keeping people off the street instead about reforming people. But you can't reform people when you keep cutting back on funding. If you keep cutting back on funding the conditions in prisons will continue to worsen which will only lead to more violence and conflict. And the people leaving will be less ready to integrate back into society once they have served their time.
This wouldn't be a problem (Score:5, Insightful)
This wouldn't be a problem if sex offender registries only covered people who were actually sex offenders.
Better stop them from reading comics too (Score:5, Insightful)
And playing Dungeons and dragons.
They already are banned from going to church.
Is there any other way we can prevent them from living a normal life, and push them to re-offend?
Oh, oh, how about we ban them from drinking alcohol!
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That never stopped father O'Malley
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I hear that kids go to the grocery stores. Better not allow offenders to buy food.
"Protecting the children" again.... (Score:4, Insightful)
No punishment is too severe and no 'right' is too sacred to revoke in the pursuit of their private, twisted concept of justice.
Ban sex offenders from visiting libraries (Score:4, Insightful)
Sex offenders who download the game legally could pinpoint hot spots where children congregate, like pokestops or gyms, and meet them in person.
Pokestops and gyms are at libraries, museums, playgrounds, community centers, churches, etc. Without Pokemon go, how would sex offenders find these places? I guess the mayor thinks it is okay for sex offenders to go to playgrounds, but not if they are playing Pokemon go. They have to use Google Maps to find them. Ohh wait: maybe Google Maps should hide playgrounds, museums, churches, and libraries from sex offenders! We only want sex offenders going to bars and strip joints!
Re:Ban sex offenders from visiting libraries (Score:5, Insightful)
It's not the sex offenders that are the problem, its letting kids plat games that encourage them to wander out into traffic while staring at their phones chasing Pokemon characters. Just ban kids from playing it.
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White list for the rugrats. When they learn to defeat it, they are ready for porn.
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We only want sex offenders going to bars and strip joints!
Based on election results, it seems they primarily go to the legislature office building and the executive mansion.
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How broad is this? (Score:5, Insightful)
So no more Xbox, Playstation, iOS, Android, or Steam games then?
Anything that talks to a server could be considered "internet enabled". As could anything you download. Seems like an awfully big overreach by government.
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Some people might commit a crime just to get the free weed and video games.
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It seems like a program where they are given free weed and video games would do great things for recidivism rates.
With a 78% recidivism rate in the USA it seems anything could help!
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Or Linux
In other news... (Score:2)
... Niantic today announces the relocation of its corporate headquarters to Ireland.
And yet... (Score:3)
Murderers -- or, as I call them, "life offenders" -- are still free to play.
Moral of the story: if you're going to rape someone, you may we well kill them, too. Life will be easier when you're released.
Wow (Score:2)
This could totally bite for a prior sex offender who has since found gainful employment as a video game developer, since many of the smaller studios I know of have a pretty strong focus on mobile gaming. This law could prevent them from doing their job.
Internet enabled games? (Score:2)
Stop voting for stupid people! (Score:2)
So congratulations, New York: you electe
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Except that smart people don't seem to run for public office, or at least, they don't get very far. There might be some exceptions, but they seem pretty rare to me. I can't think of the last time I saw a candidate for a position more influential than City Council that wasn't a blithering moron and/or completely and obviously corrupt.
They'll just go back to using resonators (Score:2)
This is a bad idea, as those of us who are old enough to remember, all know.
Back in the 1980s, before we had internet-connected PCs in our pockets, we had to use different tech to play Pokemon Go. It involved using an electronic resonator which stimulated the pineal gland. This allowed people to see into the pokemon universe, so you knew where they were. There were some problems, though.
The biggest problem was that the resonator did not merely allow you to see; it also allowed you to be seen by the pokemons
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... in the five boroughs of New York City ...
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... in the five boroughs of New York City ...
Everyone knows Staten Island doesn't count.
Re: Wow... (Score:2, Insightful)
It's past time to stop these idiotic, useless registries and other crap. You do your punnishment and it's over. Since the reoffense rate is lower for 'sex offenders' than for most other types of crimes, nothing of value will be lost. Except of course people might get their lives back if they've otherwise earned it. Sorry, soccer moms, if actual data doesn't support your view of the world as a dangerous place that you get from watching too much Law and Order.
Leave it to New York to come up with more pers
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If you had even the slightest clue as to all the minor offences that can land you on a offenders list, you'd not say that so easily.
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No, that was actually part of the point.
Check every law, local city/village/township, county, state, federal, etc. Everyone is a criminal.
These kinds of laws allow the government to do whatever they want and piss all over the Constitution.
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Parole doesn't affect your voting rights, but many felonies will. That includes in New York. It would be part of sentencing, probably a mandatory part for certain offenses. Your voting rights are revoked before you even hit the prison gate. Only way to get them back would be to overturn the conviction through an appeal. Neither serving out your full prison term for an unconditional release nor finishing your parole period will restore voting rights once lost.
(Not stating a position for or against the a
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You got the point.
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Online gambling where children are barred ?
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With such generic wording, it would also apply to Steam, Blizzard games, and a good many phone/tablet games. How would this be enforceable short of restricting access to the internet and phone services as a whole to registered offenders?
Winner, winner chicken dinner!
That's the next step...virtual banishment from modern communications for "sex offenders'...for now...other groups like people on the 'no-fly' list later...and people like Ben Shapiro and Milo Yiannopoulos shortly after that (or maybe before).
Welcome to Amerika!
Strat
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and when they start robing banks just to get back in as they can't find work and lot's homeless shelters are in the no go zone then what are you going to do?
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I bet today, most adolescent porn is produced by adolescents themselves. Australia's zero tolerance policy has landed many of them in jail for sending consensual pics to one another.
Probably Can't Do That (Score:5, Interesting)
I'm skeptical that the governor can unilaterally change the terms of probation and/or subsequent registration requirements and rules without the Legislature changing the law, unless New York has a King for Governor.
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It sounds like a crock. I am no sexual predator nor am I associated with any. I don't defend them. But I take issue with the way the governor thinks he can discriminate and punish people by preventing them from living their normal lives. I personally think even if I or anyone else is a sexual offender they should be allowed to play Pokemon Go and virtual games and they are over strepping their authority to ban people from playing them.
I know the constitution is weak sauce though that's why governors and con
Re:Probably Can't Do That (Score:5, Insightful)
And no I don't think kids and Pokemon Go go hand in hand .. Adults play Pokemon go more than kids
I have yet to see kids play it but all my friends who play are adults. Everyone I see walking their dog and playing and dudes on the bus playing have been adults.
I don't see the connection of Pokemon Go and kids and sex offenders.
I see the governor using it as an excuse to target and discriminate against a class of people, in this case the so called sexual offenders. They similarly target many people the same way.. Its a gross abuse of power that needs to be stopped.
The governor believes society will back him up because everyone else thinks its acceptable to crap on sexual offenders or certain other classes at opportune times.
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And no I don't think kids and Pokemon Go go hand in hand .. Adults play Pokemon go more than kids I have yet to see kids play it but all my friends who play are adults.
Well there are more adults around than their are kids, but to say kids don't make up a sizeable portion of the players would be inaccurate. Admittedly most of my friends are adults, so most of my friends that play Pokemon Go are adults, but that's selection bias! I see plenty of kids playing it at the mall or in the park.
I don't see the connection of Pokemon Go and kids and sex offenders.
I go running in the park, I sometimes see kids playing it in groups. I usually give them a friendly hello and ask them if they've caught any yet as I pass. It's not inconceivable that a sex
Re:Probably Can't Do That (Score:5, Insightful)
The 14th doesn't help either, since it says "without due process of law" and if you are parole then you have already had your right to liberty removed under due process of law. Parole is the government giving you back some of but not all of those liberties.
I would suspect someone on parole who finds not being able to play pokemon go too drastic a restriction can opt out of parole and spend the rest of their sentence in prison instead.
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I read it as anyone on the sex offenders list, which to my understanding is a list that Congress mandated rather then a Judge.
Here in Canada, to be put on the sex offenders list takes the action of a Judge at sentencing, and they only do it when needed, eg people who are actually sex offenders, not someone caught having a piss. Probation also usually consists of keeping the peace unless a Judge adds extra.
Same with arms, not a right here, but you only lose the privilege if a Judge says so, usually due to do
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You can't violate parole if you aren't on parole. The actual statement is explicit and clear too: https://www.governor.ny.gov/ne... [ny.gov]
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Re: Probably Can't Do That (Score:5, Informative)
Re:Probably Can't Do That (Score:4, Insightful)
Blatantly unconstitutional. If they can't function in the world, laws need to change so they can't be released. If they have served their sentence, then stop with the unconstitutional life punishments. All it does is ensure recidivism. Either they are a risk to society or they are not. It's that simple. If they've paid their debt to society, then stop punishing them. If they haven't, then why the fuck are they out of prison?
Our penal system is so fucked up.
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If they have served their sentence, then stop with the unconstitutional life punishments. All it does is ensure recidivism.
I guess you missed the part about this being applicable to sex offenders ON PAROLE; i.e., they haven't finished serving their sentences. Get it?
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...I believe it would be easier, and far more sensible to just ban children.
That would definitely solve a lot of problems.
Especially in the long run ...