Search
866-630-2389
Roberts Law Group, PLLC
North Carolina Criminal Defense Attorneys
We FIGHT to Get Results
We FIGHT to Get Results

NC High Court Says No To Social Media Use By Convicted Sex Offenders

A unanimous decision by the North Carolina Court of Appeals appeared to pave the way for removal of social networking restrictions on convicted sex offenders, until the NC Supreme Court stepped in and reinstated the ban, at least temporarily. According to the Court of Appeals, the restrictions against using sites like Facebook, Twitter, Google+, LinkedIn and other online communication tools were an unconstitutional restriction on the free speech of those who've been convicted of a sex offense.

The NC Supreme Court, however, agreed with the argument that using social media sites might put a person who was convicted of a felony sex offense in contact with children - often sex offender sentencing includes a prohibition against contact with minors.

The Facebook issue is front and center after Lester Packingham successfully appealed his felony conviction for violating the social media prohibition. Durham police had discovered Packingham's Facebook page after North Carolina passed the social media restrictions on convicted sex offenders. The department found the Facebook page after conducting searches of MySpace and Facebook for the purpose of enforcing the social media restrictions. Packinginham had been convicted of taking indecent liberties with a child in 2002.

According to Packingham's attorney, the North Carolina was so broad that it could prohibit most common online activities, such as conducting a Google search or using the Amazon platform because those sites have related, even though secondary, personal profile areas.

The North Carolina Supreme Court's move is not permanent; it is simply a method of gaining time for state attorneys to determine how they will move forward in attempting to have the social media restrictions permanently reinstated.

Source: NewsObserver, "NC keeps social networking ban for sex offenders," August 30, 2013

Client Reviews

Get Legal Help Now
Let Us Help You

Put our team of criminal defense lawyers on your side today. You are one phone call or email away from getting your questions answered by an experienced defense attorney.

Call now to set up a free consultation.

Fill out the form below for a Free Consultation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Nation's Top One Percent - National Association of Distinguished Counsel - NADC Top 100 Trial Lawyers - The National Trial Lawyers LC - Lead Counsel Rated BBB Accredited Business - Rating: A+ National College for DUI Defense - General Member Client Distinction Award Super Lawyers Avvo Rating 10.0 Superb - Top Attorney Criminal Defense

Call 866-630-2389 to schedule a free initial consultation.
Offices open weekdays 8am - 7pm, Saturdays 9am - 5pm