What Counts as a Probation Violation for Florida Sex Offenders? A Recent Ruling Makes It Clear
When someone is on probation for a child pornography offense in Florida, they have to adhere to very strict rules. Among the strict rules is that they cannot use the internet at all unless a qualified practitioner approves and implements a safety plan. A recent case from the appeals court shows that violating this rule for whatever reason can land someone back in prison.
About the Case
In this case, the defendant, whom, for purposes of this article, we will refer to as C.M., was initially convicted of possessing child pornography with the intent to promote it. He pleaded guilty and got a sentence of two years of community control (which is a really strict form of house arrest) followed by seven years of probation. Because his crime was a sex offence, his probation came with special “sex offender probation” conditions.
One of the key conditions of his probation, according to Florida law, was that he could not use the internet or any computer services unless a treatment professional in his sex offender program approved and set up a safety plan for him. C.M. did not have an approved plan.
Only six months into his sentence, his probation officer discovered a laptop in his bedroom. C.M. admitted that he used it to watch movies on Netflix and play games online on his brother’s PlayStation. His probation was revoked, and he was sentenced to four years in prison, followed by community control and probation.
C.M. appealed under two main grounds. He argued that:
- The trial judge wrongly considered his online gaming, which wasn’t mentioned in the official probation violation report.
- Using the internet just to watch movies wasn’t a “substantial” violation of his probation.
What Did the Court Decide?
The appeals court dismissed both the above arguments and upheld the sentence. Here are the specific rulings that were made in this case:
- The judge’s comments didn’t matter: The court ruled that a judge cannot revoke probation for reasons not mentioned in the official report. However, even though the judge brought up C.M.’s online gaming, he clarified that his use of the internet to watch movies was enough on its own to warrant the revocation. The sentence was upheld because there was a valid reason listed for the probation revocation.
- Any internet use is a violation: The court made it clear that Florida has specific internet rules for sex offenders, depending on when their crime happened. For offenders like C.M., whose crime occurred after July 1, 2005, the law prohibits any internet use whatsoever without any approved safety plan. The law doesn’t have any exceptions for “harmless” activities such as streaming or gaming.
The court pointed out that C.M.’s argument was an attempt to “rewrite the probation statute and second-guess the legislature’s policy choices.” The law is clear that a total ban means a total ban.
This case sends a strong message to anyone on sex offender probation: if you don’t have an approved safety plan, it is best to stay offline, as there may be no excuses that can protect you.
Contact an Orlando Sex Crime Lawyer
If you are facing allegations of probation violation as a sex offender, it’s crucial to get legal help immediately. Our skilled Orlando sex crime lawyer at Joshi Law Firm, PA can explain the rules and defend your rights.
Source:
scholar.google.com/scholar_case?case=4941086555206781299&q=child+pornography&hl=en&as_sdt=4,10,325,326,327&as_ylo=2024
