Why cant sex offenders use Facebook?

NC upholds ban on sex offenders using Facebook

The court's opinion reversed a lower court's finding that the 2008 law was unconstitutional


By Jonathan Drew
Associated Press

RALEIGH, N.C. — The North Carolina Supreme Court has upheld a state law prohibiting registered sex offenders from using Facebook and other social networking sites that minors can join.

The court's opinion Friday reversed a lower court's finding that the 2008 law was unconstitutional. The challenge was mounted by a registered sex offender who was convicted of an additional offense after Durham police found his Facebook page.

North Carolina's Court of Appeals had sided with the defendant in 2013, finding that the law infringed on free speech rights by preventing a wide range of communication. The law remained in place pending the Supreme Court's review.

At least eight states have enacted laws restricting sex offenders' use of the Internet in recent years, according to the National Conference of State Legislatures, though some laws have been successfully challenged in court.

North Carolina's law bans registered sex offenders from accessing social networking sites "where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages." Facebook requires people to be at least 13 to sign up.

The defendant's attorney had argued the law was too broad and could prohibit routine Internet activity, such as using Google.

The state's high court disagreed, saying lawmakers had established specific criteria to make certain sites off-limits.

Writing for the majority, Justice Robert Edmunds stated "the General Assembly has carefully tailored the statute in such a way as to prohibit registered sex offenders from accessing only those Web sites that allow them the opportunity to gather information" about minors.

For example, the opinion said the defendant could join The Paula Deen Network site, where people swap recipes, because it requires users to be at least 18.

Edmunds wrote that the law is meant to limit conduct and that it only incidentally affects speech.

"The justification of the statute — protecting minors from registered sex offenders — is unrelated to any speech on a regulated site," he wrote.

Emails and text messages aren't restricted by the law, the opinion states.

"Accordingly, the regulation leaves open ample channels of communication that registered sex offenders may freely access," Edmunds wrote.

But two justices dissented, saying the law is unconstitutional and places more than an incidental burden on speech.

"This statute completely bars registered sex offenders from communicating with others through many widely utilized commercial networking sites," Justice Robin Hudson wrote in the dissent.

Hudson also said that the law may prohibit sex offenders from visiting news sites or retailers such as Amazon.

Nathan Wessler, a New York-based attorney for the ACLU who specializes in speech and technology issues, argued that the law is overly broad in restricting use of forums that have become "the new town square."

"It's going to result in an impediment to people reintegrating in society after serving their time," he said.

The defendant, Lester Gerard Packingham, was convicted in 2002 of taking indecent liberties with a child in Carbarrus County near Charlotte. For his 2012 conviction related to the Facebook page, he received a suspended sentence and probation.

A lawyer for Packingham, Glenn Gerding, didn't immediately return a message seeking comment on Friday.

North Carolina Attorney General Roy Cooper issued a statement applauding the high court's ruling.

"Our laws bar convicted sex offenders from living near schools and working with young people in real life, and it's just as important to protect kids in the online world," he said.

Registered sex offenders are required by law to follow specific rules about registration, where they can live, jobs they can have, and more. What rules are in place for social media usage?

Contact our California Sex Offender Lawyers

Social Media and First Amendment Rights

In recent years, North Carolina passed a law that states that individuals convicted of any felony sex crimes could not use social media sites. The purpose of this ban was to protect others online, specifically children, from coming in contact with registered sex offenders.

However, this was taken all the way to the Supreme Court, where it was deemed unconstitutional. The Court stated that barring all sex offenders from using social media was a violation of their right to free speech.

Because of this, no states have the right to ban sex offenders from using the internet. However, there are other restrictions in place.

Disclosure of Online Names

In California, sex offenders are required to disclose online screen names and profiles.
This could be:

  • Email addresses
  • Facebook profiles
  • Instagram usernames

This requirement does not apply to all sex offenders. Only people who were convicted of a felony on or after January 1, 2017, are required to disclose this information.

Also, only people convicted of certain sex offenses must provide their online names.
This applies to:

  • Anyone who used the internet to collect information about their victim
  • Anyone who was convicted of internet sex trafficking
  • Anyone convicted of online child pornography charges (producing, distributing, downloading, etc.)

Therefore, anyone convicted of a sex offense that did not involve the internet is not required to disclose their online names and profiles.

What Does the State Do with This Information?

Once sex offenders have provided their online names to the State, the State can only use that information when investigating other crimes. For example, if there is an investigation going on for child pornography, the State may look up the online profiles of people previously convicted on child pornography charges.

Rancho Cucamonga Sex Crime Defense Lawyers

Cyber sex crimes are incredibly serious and can affect the rest of your life. You will need an experienced legal team to help you craft a strong defense. If you are facing criminal charges, contact Newman & Allen today.

Can you have a Facebook if you are a sex offender?

Convicted sex offenders aren't allowed to use Facebook. If you've seen an account that may belong to a convicted sex offender, please report it to us.

What websites can sex offenders not use?

Sites such as Facebook and Match.com already forbid sex offenders from using their sites in their terms of service.

Are sex offenders allowed to have Instagram?

Convicted sex offenders are not allowed to use Instagram. If you've encountered an account that may belong to a convicted sex offender, please use this form to let us know.

Does Instagram block sex offenders?

Once we're able to verify someone's status as a sex offender, we'll immediately disable their account. If someone is harassing you, you can learn how to report them.