Criminal Defense in Orange County

Santa Ana Sex Offender Sent to Jail for Probation Violation

A 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 Costa Mesa, Huntington Beach, Seal Beach and Lake Forest.

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.