Proposition 35 Affecting Human Trafficking May Be Unconstitutional

In a landslide vote on November 7, 2012, 81.1 percent of California voters approved Proposition 35, which increases prison sentences and fines for those convicted of human trafficking. According to a February 21 report by The Daily Titan, the American Civil Liberties Union (ACLU) and Electronic Frontier Foundation have jointly filed a suit claiming that Proposition 35 is unconstitutional.

Under Prop 35, those convicted of human trafficking since July 1, 1944 will have to register as sex offenders and report their Internet providers, identifiers, email, and user names to local law enforcement. They will even have to report comments and blogs they may have posted online.

Those opposed to Proposition 35 say that the right to speak freely and anonymously about civic matters is protected by the U.S. Constitution. Sex offenders under this new rule will never again be able to post anything online without the authorities knowing about it. Furthermore, Prop 35 applies to all sex offenders. Therefore, someone who is considered a sex offender because he or she was convicted of indecent exposure will face the same restrictions on their civil liberties as someone convicted of a violent sex offense such as rape.

Whether or not Proposition 35 is deemed unconstitutional, any conviction that results in a defendant becoming a registered sex offender can affect every aspect of your life. The address, personal information, criminal record, and photo of every registered offender in California are posted online for everyone to see. It can prove challenging to become a productive member of society when your neighbors can access information about your past. Even individuals who have paid their debt to society may struggle to reintegrate into their communities.

If you or a loved one is facing sex crime charges, it is absolutely vital that you contact a skilled Orange County sex crime defense lawyer. The knowledgeable legal team at Takakjian & Sitkoff, LLP have years of experience fighting sex crime charges. Please contact us at (866) 430-8383 for a no-cost consultation.

Contact Information