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News Artical - Court Says California Oral Sex Law Violates Rights


Lewis Poyntontrials.com

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SAN FRANCISCO (Reuters) - A 22-year-old Californian man who received oral sex from a sixteen-year-old girl should not be forced to register for life as a sex offender, the California Supreme Court ruled on Monday.

The state's top court found that California denied Vincent Hofsheier equal protection under the law because those having intercourse in such circumstances would not be forced to register as lifetime sex offenders.

Hofsheier appealed after being ordered to register his name on the list, which is shared with the public and carries significant stigma.

"Requiring mandatory lifetime registration of all persons who, like defendant here, were convicted of voluntary oral copulation with a minor of the age of 16 or 17, but not of someone convicted of voluntary sexual intercourse with a minor of the same age, violates the equal protection clauses of the federal and state Constitutions," the court ruled.

"We perceive no reason why the legislature would conclude that persons who are convicted of voluntary oral copulation with adolescents 16 to 17 years old...constitute a class of 'particularly incorrigible offenders'... who require lifetime surveillance as sex offenders."

U.S. law on oral sex has evolved over the years, and it was not until 1975 that oral sex between consenting adults was decriminalized in California. Today, in 38 of the 50 U.S. states consensual sex with a 16- or 17-year old is legal.

In the case, Hofsheier pleaded guilty and received probation after meeting the teenager in an Internet chat room and sharing rum and orange juice with her at a beach.

The California Supreme Court's decision returns the case to a lower court to decide whether he should still be subject to registration under that court's discretionary authority.

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I wonder how the police found out unless they did it on the beach?

I'm sure it's also illegal for the woman to go on top in some states in americal aswell!!!

that'll be the same states its legal to f**k your prize cattle

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There was a guy on tarrant on tv, or the 100 most shocking tv moments or something like that and he had "relations" with his dog, a sheep and his pet lama. f**kin horrible it was, especially when he kissed the lama in front of the camera... i can't begin to imagine how bad the lama's breath was.... and how desperate he would be to do that, mind you he was an ugly b*****d.

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what concerns me more is in texas its illegal to have sex with a woman and her daughter at the same time...

... how many texans got caught doing this before they decided to make it illegal!!!

LMFAO!!! Never heard that one before!

I always wonder if its just an excuse for cops to perve in bedroom windows...just for the purposes of enforcing the law naturally :- .

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it is legal for an english man to kill a welshman so long as it is done within the hour of midnight on the eve of the full moon and the englishman is stood on chester town walls and the welshman is stood in the grounds of the cathedral. oh yeah and the englishman must use a longbow...

*off to find a longbow...*

oh yeah and burton upon tweed is still at war with russia. when it was part of scotland, scotland went to war with russia, then england took over burton u t from scotland. scotland subsequently ended the war with russia but burton u t has never got round to it so they are still officially at war...

Edited by spunkey_monkey_boy
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