Ruling on social media rights for sex offenders in progress – Jacksonville Daily News

Amanda Thames AmandaThames

Its not vans with drivers promising free candy to kids that parents need to worry about today, officials say. Its social media.

Most of the sex offenders who prey on children who are strangers to them do their preying on Facebook, chat rooms, and mobile apps, said Maj. Chris Thomas with the Onslow County Sheriffs Office.

Conversations and requests from predators range between sending inappropriate photos, asking for a meeting, and asking for sexual favors, Thomas said.

It leads to a question: Should convicted sex offenders be allowed to have a Facebook page?

The Supreme Court is reviewing that question now. A North Carolina law that allowed prosecution against convicted sex offenders using social media pages was deemed unconstitutional in 2013.

Since that ruling (the statute) has not been enforced, Thomas said.

While Thomas believes its up to the courts to decide what is or is not constitutional, the whole objective is to protect children as much as you can, he said.

The Supreme Court began looking over a lawsuit Monday to make a ruling, the Associated Press reported.

It began with Lester Packingham Jr.

Packingham, 36, was forbidden by a 2008 North Carolina law from using commercial social networking sites like Facebook that children could join. Thats because hes a registered sex offender who was convicted of indecent liberties with a minor when he was 21. He served 10 months in prison.

After a trip to traffic court, Packingham announced on Facebook that his pending ticket was dismissed.

No fine. No Court costs. No nothing. Praise be to God. Wow. Thanks, Jesus, Packingham wrote in a 2010 post, which led to the lawsuit heard by the U.S. Supreme Court on Monday.

A Durham police officer investigated Packinghams post and determined he used an alias rather than his real name. Packingham was prosecuted, convicted of a felony and received a suspended prison sentence. His lawyers say no evidence pointed to Packingham using Facebook or his computer to communicate with minors or that he posted anything inappropriate or obscene.

Now the Supreme Courts task is deciding whether the law, meant to prevent communications between sex offenders and minors via social media, is so broad that it violates the Constitutions free-speech protections.

The case reaches the Supreme Court after it was upheld by North Carolinas highest court in a divided ruling. The law addressed websites that might allow sex offenders to gather information about minors, the state court said. But dissenting justices argued the ban extends further and could outlaw reading the New York Times and Food Network website.

The statute, N.C. 14-202.5, says, It is unlawful for a sex offender who is registered in accordance with Article 27A of Chapter 14 of the General Statutes to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages on the commercial social networking Web site.

If the statute is ruled constitutional, Thomas said it would be used in Onslow County to some degree. People on the sex offender registry are watched and checked up on regularly to ensure theyre following guidelines, Thomas said, and if the statute comes back into play, it will be another way to check on them.

I think forbidding (sex offenders) from being on those sites is a good step to preventing future victims, Thomas said.

However, the best way to prevent these crimes is for parents to check in on their kids, Thomas said.

The biggest thing for parents is to know what their children are doing, especially when theyre online, he said.

Stay up-to-date on new phone apps and how they work, Thomas said. See what photos theyre taking and who theyre sending them to.

Once someone puts an image online, its gone forever, Thomas said. The receiver can screenshot or download the photo and send it wherever they want.

Set ground rules as well, according to a report from the North Carolina State Bureau of Investigation.

Children should only use tablets, cell phones, and computers in public areas of the house so others can occasionally see whats on the screen, according to the SBI. Also keep an eye on games, as predators often use gaming chats to make initial contact with victims.

Communication with your child and talking with your child is probably the best preventative measure, Thomas said.

As of Friday no decision from the Supreme Court had been announced.

The Associated Press contributed to this story

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Ruling on social media rights for sex offenders in progress - Jacksonville Daily News