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Criminal Law

: Sentencing Law and Policy

Florida Supreme Court says sex offenders on probation can have sexually explicit material

By Douglas A. Berman

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This Miami Herald article, provocatively headlined "Florida high court: Sex offenders can have porn," reports on this notable (and lengthy) ruling today from the Florida Supreme Court.  Here are the details from the newspaper report:The Florida Supreme Court on Thursday ruled that sex offenders on probation can possess pornography so long as it does not relate to the offender's "particular deviant behavior pattern."  The 5-2 decision overturns a 2006 Third District Court of Appeal ruling on a Miami case in which that court said offenders cannot possess any sexually explicit material. In the Miami case at issue, Donald Kasischke pleaded guilty in 2001 to three counts each of lewd or lascivious battery and exhibition on a 15-year-old boy...continue to full post

Full post as published by Sentencing Law and Policy on July 10, 2008 (boomark / email).

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