[Ed: Let this sink in a moment: A man has been charged with taking pictures of children while on his property without their permission. Given that they were trick-or-treating, it is safe to assume that the children were fully clothed and not engaged in sexual behavior, so the photographs could in no way be considered "child pornography". The salient and disturbing fact of his arrest and charge is that he, as a registered sex offender, has had his liberties greatly reduced by the state to exclude such things as taking pictures of minors without permission, a right which everyone else enjoys throughout the United States.
This right is summarized in the publication "The Photographer's Right" by attorney Bert P. Krages:
"Members of the public have a very limited scope of privacy rights when they are in public places. Anyone can be photographed without their consent except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, restrooms, medical facilities, and inside their homes. Despite misconceptions to the contrary, the following subjects can almost always be photographed lawfully from public places: accident and fire scenes, children, celebrities, bridges and other infrastructure residential, and commercial buildings, industrial facilities, and public utilities transportation facilities (e.g., airports), Superfund sites, criminal activities, and law enforcement officers".
The state of Alaska has seen fit to eliminate liberties of a sex offender NOT currently on probation or parole (an important distinction often lost not only on the public but by reporters) for the rest of his life, a disturbing trend playing out across the U.S. In other words, rights enjoyed by everyone else and thus perfectly legal become felonies when exercised by registered sex offenders who are then sent to prison for having failed to recognize that they have no rights. ]
JUNEAU — A registered sex offender accused of taking photos of children while they were trick-or-treating has been charged.
Edward Lieber, 35, of Waupun, made his initial court appearance Monday in Dodge County Circuit Court. He is charged with three felony counts of a registered sex offender intentionally photographing a minor without consent. Each count carries a maximum penalty of up to 3½ years in prison and a $10,000 fine.
The Waupun Police Department was contacted by three Waupun parents who said that Lieber had taken pictures of their young children, ages 2, 3 and 4, while they trick-or-treated at his Madison Street home on Oct. 31. A woman told police that the children entered a “Halloween-type structure” where Lieber was sitting inside with a camera. As the children entered, witnesses say he followed the children and proceeded to take pictures of them without asking permission, according to the criminal complaint.
Uncomfortable with the situation, one of the parents logged onto the Wisconsin Sex Offender Registry and found a photograph of Lieber, who was convicted of sexually assaulting a 14-year-old Fairwater girl in 1993, according to the criminal complaint.
When questioned, Lieber told police that he took about five to six photographs that were intended for his father. Lieber then surrendered the role of film to police. Upon developing the film, Waupun police Officer Brian O’Donovan discovered six images of underage children on the film, according to the criminal complaint.
A preliminary hearing date has not been set.
http://www.fdlreporter.com/article/20081208/FON0101/81208141/1985/FON04#pluckcomments
Sex offender charged with photographing children
Posted by David at 12/09/2008 01:12:00 PM
Labels: Injustice
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