The lawful use of computers and other digital communications devices by convicted sex offenders is determined by the facts of each case. Whether a convicted sex offender can be barred or restricted in their use of computers and similar digital devices depends on a number of factors that include the following:
- the nature and circumstances of the offense,
- the history and characteristics of the defendant,
- the need for the sentence to reflect the seriousness of the offense, promote respect for the law and provide just punishment, deter criminal conduct by the defendant, and
- provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.
The United States Supreme Court held that a state could not bar a convicted sex offender from accessing commercial social networking sites. In the case of Packingham v. North Carolina, 137 S. Ct. 1730 (2017), the Court ruled that “A fundamental principle of the First Amendment is that all persons have access to places where they can speak and listen, and then, after reflection, speak and listen once more.”
The Supreme Court went on to say that the state may enact laws that restrict a sex offender’s access to locations in which they may communicate with or obtain information about minors. The court found the existing North Carolina law impermissibly restricted lawful speech in an attempt to prevent unlawful speech. This tactic violated the First Amendment’s Free Speech clause.
The essential key to determining if a state’s restriction on a sex offender’s use of a computer or other digital communication device is that the law is reasonably related to serving a legitimate, significant state interest.
Then, in 2019, the U.S. Court of Appeal for the Eleventh Circuit, which includes Florida, ruled in an unpublished opinion that the government could lawfully restrict a child sex offender’s ownership and use of a computer only with the prior approval of the Court and in connection with authorized employment. The 11th Circuit Court found that the restrictions imposed in that and other cases were reasonably related to the legitimate state interest of protecting children and were not a total bar since the court could grant computer use to the offender.
Barring a Sex Offender Who Used a Computer in the Commission of Their Crime?
As outlined above in the list of factors that a court must consider in devising an appropriate sentence for a convicted defendant, one of the factors of prime importance is the nature and seriousness of the crime.
Courts are more likely to impose computer restrictions on a defendant who is convicted of a sex offense involving possessing or transmitting computer files containing child pornography or using computer chat rooms or similar websites to communicate with a child for purposes of sexual exploitation or to develop an illicit relationship. The restriction can be included as a condition of their probation.
The court may temper the severity of the restriction by giving the probation officer authority to grant limited permission to the probationer to use a computer under particular circumstances and for specific purposes.
However, if a sex offender’s crime involves a sexual assault against an adult acquaintance without the use of any computer, there is no reasonable restriction a court could impose limiting the defendant’s computer use other than issuing a no-contact order with the victim, including any digital communication.
Why Is Restricting a Sex Offender’s Computer Use a Problem?
There are extremely few activities in contemporary American society that don’t require the use of a computer, smartphone, or another similar device. Prohibiting a convicted sex offender from gaining access to online information, news, educational material, government statements, legal research, purchasing goods or services, and speaking with others digitally would be a virtual bar to any modern social interaction.
Such restrictions are legal in certain, limited cases in which the crime and the defendant’s individual history and characteristics might support the action. But the law prefers that any bars to computer use be narrowly framed to include the least restrictive measures necessary to achieve the protection of the state’s significant interest.
What Restrictions on Computer Use Can Be Imposed on Sex Offenders?
When the facts of a sex offender’s criminal conviction involve the use of a computer or the involvement of children or child pornography, courts are permitted to impose reasonable restrictions on a sex offender’s computer ownership or internet use.
The following are some of the possible computer restrictions a court can impose:
- Barring the use of a computer, cell phone, or other digital devices
- Computer use monitored by another official (probation officer, etc.)
- All electronic and digital devices are subject to search at any time (waiver of 4th Amen. rights)
- Supervised use of a computer only
- No internet use
- Using the internet only for specific, pre-approved purposes
- Prohibited from viewing pornography
- Restricted from accessing particular websites
- Mandatory disclosure of every username and password
Does a Court Order Overly restrict your Computer Use?
If you believe your access to or use of a computer is excessively restricted by the order of a state or federal court, you should contact an experienced criminal defense attorney to discuss the facts of your case. Computer use restrictions can be lawful if they are strictly framed as narrowly as possible to accomplish the legitimate goal of protecting a significant state interest.
But courts have been known to overstep their authority by imposing unnecessarily broad prohibitions on convicted offenders. A knowledgeable criminal defense lawyer can analyze your case history and advise you whether you could get relief from an overly restrictive computer use prohibition.
Learn More > What to Do if You are Falsely Accused of a Sex Crime in Florida
Sex Crime Defense
If you are in the Tampa – St. Petersburg area, contact the Law Firm of Stechschulte Nell to learn what legal avenues may exist for you to challenge the legality of your computer restrictions. Don’t just accept the status quo if you might be able to change it for the better.
Call our experienced defense attorneys at Stechschulte Nell law at 813-280-1244 today.
