TDCAA Community
Sex Offender and Facebook

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/3191059822

January 03, 2012, 09:13
rk
Sex Offender and Facebook
Is anyone aware of a specific prohibition against registered sex offenders using facebook?

(assuming that it's not prohibited by their terms of probation or parole?)
January 03, 2012, 17:39
Clay A.
Read the Facebook terms of service, it changes all the time, but it did once prohibit registered sex offenders from using their service.
January 03, 2012, 19:40
Steve14
Just understand, however, that a violation of the ToS is NOT a criminal violation, but a civil breach of contract matter. Recall the attempted MySpace prosecution from a couple of years ago.

That case also seems to call into question the propriety of online impersonation laws, too, like what Texas has.

http://www.wired.com/threatlevel/2009/07/drew_court/
January 04, 2012, 11:55
Clay A.
Completely correct that TOS does not create a crime, but it would create a solution.
January 04, 2012, 18:04
Shannon Edmonds
quote:
Originally posted by rk:
Is anyone aware of a specific prohibition against registered sex offenders using facebook?

(assuming that it's not prohibited by their terms of probation or parole?)


The Lege made such restrictions mandatory for those placed on on probation or parole on or after 9/1/09; see CCP Art. 42.12, Sec. 13G (probation) and Govt Code Sec. 508.1861 (parole). However, if your subject is not on probation/parole, I know of no other agency or authority that can impose such a restriction.

FYI, the bill creating that restriction was SB 689 (81RS). It included some changes to CCP Ch. 62 that require registrants (whether "on paper" or not) to report their "online identifiers" and keep them updated, but did not ban them from those websites outright.
January 05, 2012, 13:39
rk
As always, thanks.