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Criminal Law

: Third Circuit Blog

Court Continues to Require Careful Tailoring of Internet Restrictions on Sex Offenders

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

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In United States v. Heckman, 08-3844, the Third Circuit extended its line of precedent (Crandon, Freeman, Voelker, Thielemann) requiring district courts to carefully tailor internet restrictions for sex offenders on supervised release. Heckman had a lengthy history of child molestation, but he had never been convicted of using the internet to entice or exploit a child -- the type of conduct the Court has previously said is essential to supporting Internet bans. Nonetheless, on the instant conviction for transporting child pornography, the district court imposed a lifetime, unconditional ban on Internet access. The Court rejected this condition, refusing to make the "inferential leap" that Heckman would eventually progress to using the Internet directly to harm a child...continue to full post

Full post as published by Third Circuit Blog on January 21, 2010 (boomark / email).

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