Archive for the ‘H.R. 4472’ Category

In July of 2006, after President Bush signed the “Adam Walsh Child Protection and Safety Protection Act of 2006″, House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R- Wis.), the sponsor of H.R. 4472, released the following statement:

”This legislation makes one thing clear to sex offenders across this country — you better register, and you better keep your information current, or you are going to jail. More than 100,000 sex offenders currently fail to register and are ‘missing,’ with locations unknown to the public and law enforcement. The children of America will be safer today because of this legislation championed by John Walsh and so many other victims that have responded to tragedy with determination, focus, and inspiration.

“Today, President Bush Signed The Adam Walsh Child Protection And Safety Act Of 2006. This law marks an important step forward in our Nation’s efforts to protect those who cannot protect themselves. It will strengthen Federal laws to protect our children from sexual and other violent crimes, prevent child pornography, and make the Internet safer for our sons and daughters.

President Bush Believes Our Society Has A Duty To Protect Children From Exploitation And Danger. By enacting this law, we are sending a clear message across the country that those who prey on our children will be caught, prosecuted, and punished to the fullest extent of the law.

The case of missing Nevaeh Buchanan has many questioning her mother’s possible relationships with known convicted sex offenders. In Oklahoma a person charged with raping a five-year-old, as reported by the McAlester News-Capital, has many concerned not only with the mother’s judgement but the judicial system as well.

Last week, “O’Reilly Factor’s” Bill O’Reilly called for the resignation of District 18 Judge Thomas Bartheld for his handling of the David Harold E. Earls rape case.

As was first reported on May 17 by the McAlester News-Capital, Earls, 64, of Wister, pleaded no contest May 13 to charges of first degree rape and forcible sodomy of a 5-year-old girl. He was sentenced by Bartheld to a year in prison, with another 19 years suspended, following a plea bargain negotiated between Earls’ attorney, Tim Mills, and local prosecutors.

The story which aired on The O’Reilly factor, “Factor Investigation Segment” Geraldo Rivera unsuccessfully attempted to confront a judge and district attorney in Oklahoma who sentenced the child rapist to just one year in jail.

In his report Geraldo described McAlester as somewhat of an idyllic place to live but ironically failed to mention it is also home to the Oklahoma State Penitentiary. In fact it is the chief incarceration facility for the state of Oklahoma. The prison houses maximum-security inmates and is the site of Oklahoma’s death row and execution chamber.


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According to the Washington State Sex Offender Information Center, a Level III sex offender is probably not your innocent, “framed”, run of the mill offender.

These offenders pose a potential high risk to the community and are a threat to re-offend if provided the opportunity. Most have prior sex crime convictions as well as other criminal convictions. Their lifestyles and choices place them in this classification. Some have predatory characteristics and may seek out victims. They may have refused or failed to complete approved treatment programs.

Search on for missing Level 3 sex offender

Snohomish County deputies are asking for the public’s help locating a level-3 sex offender who is likely to reoffend.

Deputies said Eric E. Hartwell left his home in the 18800 block of Smokey Point Boulevard in Arlington on Friday after removing his electronic monitoring device.

Harwell, 41, had until 5 p.m. Monday to register with the sheriff’s office, but failed to do so. As a result, a warrant has been issued for his arrest.

Hartwell pleaded guilty to first-degree child rape in 1991. Five years later, he attempted to sexually assault a 17-year-old girl while she was hiking. The teen was able to flee.

Search the Washington Offender site and he isn’t listed as an offender nor is he at the Marysville Department of Corrections site.

There is a community notification at SNOHOMISH COUNTY SHERIFF’S OFFICE

There is however, an Eric Eugene Hartwell listed at the Dru Sjodin National Sex Offerender Registry with a last known address in Lawson, Colorado who shares the same birthday and offences.

If, as this article points out, he has done this many times before, how can the use of a GPS monitor be justified versus confinement? Isn’t this the type offender that the “Adam Walsh Child Protection and Safety Protection Act of 2006″ was to protect us from?

Eric Eugene Hartwell, who was convicted of raping his neighbor’s 6-year-old daughter and attempting to rape a pregnant teen, has an extensive history of traveling from state to state to avoid arrest and registering as a sex offender, officials say.

Related Post:

 Washington State Sex Offender Captured

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One of the components of “The Jessica Lunsford Act” is to increase the penalty for lewd and lascivious molestation of a child to life in prison or a split sentence of a mandatory minimum 25-year prison term, followed by lifetime supervision with electronic monitoring. Massachusetts partially passed Jessica’s Law and may partially choose to enforce it.

Child rapist to roam GPS-monitor-free for month

A convicted child rapist whose brother tortured and murdered Jeffrey Curley will be released from prison Tuesday to roam the streets for 30 days until a court-ordered electronic-monitoring anklet is cuffed on him.

Robert Sicari, 28, who has been behind bars for the past decade for sexually assaulting a 10-year-old male pal of Jeffrey, has no family or friends willing to house him, no car, no job and no phone – an essential component of a Global Positioning System tracking device.

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Why is North Carolina Governor Mike Easley not upset about these sex offenders harming our children?
Governor Easley’s office made it clear in all their correspondences of last two years that North Carolina has strict laws for sex offenders. If that is the case Governor Easley, why are sex offenders and repeat offenders still able to victimize children of North Carolina?
After seeing, the news story below there is no excuse for our North Carolina State Senate not move forward with HB 933 Jessica Lunsford Act aka. Jessica’s Law.
* See News Story Below.
Jessica’s Law Now North Carolina is watching our North Carolina State Senate, as well as Senate Ref Judiciary I Committee (Civil) sees how they handle HB 933 Jessica Lunsford Act.
Mark A. Palmer
Jessica’s Law Now N.C.
Alleged child molester arrested after years on run
08:12 PM EDT on Friday, May 30, 2008
E-mail Mario:
  Man admits molesting boys
MORGANTON, N.C. — An alleged child molester, on the run for four years, admits to abusing boys while working as a recruiter for the Eastern Burke County Rescue Squad.
“Very apologetic to all victims involved,” said Richard Murphy to reporters as investigators took him into the Burke County Sheriff’s Office Friday.
From 2003 to 2004, Murphy was a recruiter for the rescue squad. He had access to schools.
“He was sexually molesting young boys and he had two residences during the time that this was going on,” said Sheriff John McDevitt.
Murphy’s job was to recruit junior volunteers for the rescue squad. The alleged abuse took place in his Burke County homes.
“Since 04’ we’ve identified five victims,” added McDevitt.
Murphy’s alleged victims were young men, ages 13 to 15.  McDevitt is positive more victims will now come forward.
“The fact that he was in the school system, this is not something you do in ’03 and ’04 and stop doing,” McDevitt said.
When Murphy found out he was under investigation, he fled to the Outer Banks and changed his name to Trevor Dale Fury.
“He had bragged that the name he changed his name to was a comic book character,” said McDevitt.
Agents with the State Bureau of Investigations tracked Murphy down in Kill Devil Hills.
 “He’s 58 years old now. We want to keep him off the street for the rest of his natural life,” McDevitt added.
Investigators told WCNC that Murphy has a graveyard tattoo on his back. The head stones have names. At least one of the names belongs to one of Murphy’s alleged victims, according to investigators.
Murphy could face as many as 50 charges.

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Tonight on ABC’s  20/20 is a topic which varies from State to State. What should be the age of consent?

State Statutes
Age of Emancipation
Age of Majority
Age for Sexual Consent 

Related Posts:

Criminal sexual conduct with a minor? 

Policing pedophiles or just more policies?

Age of Consent

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On the Glenn Beck show, Tuesday February 19th, one of his guests was Texas State Senator Florence Shapiro from Plano, Tx. There is this description of some of her accomplishments on her website.

As a champion of children, she passed landmark legislation to protect against sexual predators. Her series of bills known as Ashley’s Laws, protects against, adjudicates, and punishes sex offenders whose victims are children. These laws, which began in 1995, were national benchmarks, and Senator Shapiro continues to dedicate herself to improving the safety and security of our children.

The legislation was enacted in 1995. It was named after after 7-year-old Ashley Estell of Plano who was abducted and murdered in 1993. Michael Blair was convicted of capital murder on September 28, 1994 and given the death penalty which has been appealing. On September 4, 1993, Blair kidnapped seven-year-old Ashley Estell from a park in Plano, Texas. Her half-clothed body was found the day after she was kidnapped. The cause of death was strangulation.

On the show, ahe made this comment regarding the debate over the Adam Walsh Child Safety Act in Texas and new mandates requiring anyone cinvicted with sexuakky offending a child under 12 years of age must register regardless of the offenders age.

SHAPIRO: Well, and I think the problem here is that what we have to recognize is that these are children. And in this society, which unfortunately has become very lax and very lackadaisical, we`re not giving them the proper attention that they need. But the statistics show that a juvenile sex offender with the proper treatment — and there is a proper treatment for juveniles — with the proper treatment has a very, very low recidivism rate. An adult sex offender has almost a third, 33 percent recidivism rate over a five-year period.

She didn’t quote her source concerning recidivism rates so it is unclear if it is a national statistic or specific to Texas.

Texas Council on Sex Offender Treatment
Treatment of Sex Offenders – Recidivism Rates

The recidivism rates fluctuate among different types of sex offenders and are related to specific characteristics of the sex offender and the offenses.

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Great pains are taken by supporters of convicted sex offenders to distinguish between the severity of the offense. They are quick to point out crimes commited by juveniles against other juveniles are different from those of an adult against a child.

Why is it ok to lump a family member, friend, or neighbor into one category and strangers and stalkers into another when discussing sex offenders?

Many of us have heard someone say after a crime is commited that the family member, friend, or neighbor “couldn’t have perpertrated the crime” or “that’s not the ______ (fill in the blank with a name) I know”. Reading the traits below suggest a common lure is the ability to become close to the victim through the family.

A real life example is the case of Junny Rios-Martinez and convicted sex offender/murderer Mark Dean Schwab.

That case led to passage of the Junny Rios-Martinez Act of 1992, which prohibits sex offenders from early release from prison. Read the Mark Schwab appeal and it provides you some insight into how calculating Mark Schwab is. He preyed on multiple boys each time by coercing and threatening them in to compliance.

Sex Offender Facts and Characteristics

  • Sex offenders come from all walks of life and from all socio-economic groups. They can be male or female, rich or poor, employed or unemployed, religious or non-religious, educated or uneducated, and from any race.
  • Although some sex offenders are strangers and stalkers, many know the victim as a family member, friend, or neighbor. They win a child’s trust and then take advantage of that trust.
  • Potential victims are likely to be children that are poor, neglected, loners, or runaways.
  • Many pedophiles seek out mothers of single parent families for the purpose of victimizing children.
  • Sex offenders often like playgrounds and other places where children congregate.

Most sex offenders groom their victims prior to any crime.Offenders may position themselves to come into contact with children by:

  • Creating playground environments where victims have access to toys, games, and other things that will later be traded for sex.
  • Enticing with attention, affection, gifts, promises, and providing alcohol and pornography to lower inhibitions.
  • Participating in activities with teens, often excluding other adults, or trying to get teens into situations where no other adults are present.
  • Preying on either a parent/teen desire to excel in a sport. They provide extra assistance and offer special attention.
  • Being the “nice guy” in the neighborhood who is willing to entertain children and take them on outings.
  • Operating businesses that hire teens and looking for excuses requiring them to stay after hours, or visit the offenders home.
  • Seeking employment or volunteering where they will be in contact with children and teens.

Source:  Arizona Department of Public Safety 

Update 05-20-08   Palm Beach Post

Executions in Florida will begin July 1 after the U.S. Supreme Court today lifted a stay on the execution of convicted child rapist and murderer Mark Dean Schwab.

Gov. Charlie Crist said this afternoon he wants the execution rescheduled for July 1.

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