Santa Ana man was sentenced to 197 days in jail for
violating his probation. The man is a convicted sex offender who violated his probation by visiting
a local park, a violation which he admitted to. Although the man signed
the Orange County Sex Offender Ordinance, which states that he cannot
visit public recreation areas, he has been fighting the ordinance ever
since his violation last May. The Orange County Sex Offender Ordinance
does permit convicted sex offenders to attend public recreation areas,
beaches and some banned roadways, but only after they have obtained signed
permission from the Orange County Sheriff's Department three days
prior to a visit.
This particular sex offender was convicted back in 2010. As a part of his
sentencing, he was required lifetime registration for misdemeanor sexual
battery for slapping a woman on her upper thigh and then chasing her.
Prior to this incident, he was convicted for committing a similar crime,
this time slapping a woman on her buttocks twice. He admitted to both
offenses. After the man was convicted, he appealed stating that Orange
County law is ambiguous when it comes to paroled sex offenders. This is
not the first incident of appealing a ban from public recreation areas.
This ordinance has been passed in a few jurisdictions in recent years.
In fact, Huntington Beach recently changed their sex offender ordinance
after a lawsuit found it unconstitutional. Rather that get rid of the
ordinance outright, it was amended to allow the city's police chief
to write exemptions for sex offenders on a case-by-case basis. Back in
2012, four Orange County cities were sued because of these allegedly unconstitutional
sex offender bans. The cities included in this lawsuit were
Seal Beach and
Many counties throughout the state of California have a similar ban on
sex offenders visiting public recreation areas, but Orange County is unique
in that it does not limit this ban to sex offenders convicted of crimes
against children. The man in this particular news story was convicted
for sex offenses against adult women, but the ban still applied to him.
For those convicted of
sex offenses in Orange County, this is an important ordinance to take note of. As more
and more Orange County cities begin to petition for appeals and challenge
the constitutionality of this ordinance, it may eventually be amended
to only include child sex offenders or allow for certain exceptions. If
you are a convicted sex offender and you are looking to appeal your case,
please do not hesitate to
contact an Orange County criminal defense lawyer at The Law Office of Barney B. Gibbs. The firm provides
free consultations so that you can learn your legal options.