It hardly remains controversial that in southern California registered sex offenders who are released on formal probation or parole have restrictions on how they can live   However, as a criminal defense attorney in Los Angeles who handles a majority of sex crimes cases, it seems like Orange County may have taken this too far.  Tuesday a final vote is being taken on whether registered sex offenders will be banned from all local parks in Orange County.

The proposed new law has already been approved by the Orange County Board of Supervisors and would make it a criminal misdemeanor for a registered sex offender to enter a county park without written permission from the Orange County Sheriff’s Department.

As a sex crimes attorney, this proposed new law seems to violate basic constitutional principles such as freedom to travel and freedom of association.  Furthermore, it is problematic because the law does not differentiate between the truly serious, high-risk sex offenders, who had committed offenses such as child molestation, or rape, and the lower risk ones such as disorderly conduct.  Lastly, there is not a clear nexus between the proposed restriction and its alleged goal of keeping sexual predators away from children.  There are plenty of legitimate reasons for someone to enter a park other than to prey on little children and county parks are public spaces that are to be enjoyed by everyone.  They are not specifically designed for small children.

Lastly, giving Orange County Sheriff the power to grant or deny permission for registered sex offenders to enter county parks potentially will result in a terrible abuse of power.  On a practical note, it will be difficult for Orange County Sheriff to dedicate its resources to enforcing the laws.

If you, or a loved one, has been accused or charged with a sex crime, then call the Law Offices of Karen L. Goldstein for a free, confidential consultation.  (888) 445-6313.