Heard about this from my law partner Lia Fazzone, on the Defense Zzone.  I always find these decisions interesting. I’ve reprinted her blog below.

The Miami Herald is reporting that

Florida sex offenders on probation can possess pornography so long as it does not relate to an offender’s ”particular deviant behavior pattern,” the state’s Supreme Court ruled Thursday. (Source)

The 5-2 decision overturned a 2006 Third District Court of Appeal ruling on a Miami case in which the appellate court said offenders cannot have any sexually explicit material.

Factually, the Petitioner, Donald Kasischke, pled guilty to three counts each of lewd or lascivious battery and exhibition on a child under age sixteen. He was sentenced to 364 days in prison, followed by two years of community control and eight years of probation. Florida law requires that courts impose several conditions on sexual offenders receiving probation or community control. For example, defendants are subject to a curfew; they cannot live within 1000 feet of certain places, such as schools, where children congregate; and they must successfully complete a sexual offender treatment program. Another condition that must be imposed—the one relevant in this case —is the following:

Unless otherwise indicated in the treatment plan provided by the sexual offender treatment program, a prohibition on viewing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the offender’s deviant behavior pattern.

The Petitioner’s plea agreement included such a condition. After, he had been released from prison, and while he was serving his community control, a search of his home revealed allegedly “obscene, pornographic, or sexually stimulating” photographs, as well as a pornographic videotape. His community control was revoked and he was ordered incarcerated.

The Florida Supreme Court held that the phrase “relevant to the offender’s deviant behavior pattern” qualifies each of the prohibitions in section 948.03(5)(a)(7), Florida Statutes (1999). An offender does not violate this condition unless the “obscene, pornographic, or sexually stimulating” material at issue is relevant to the “deviant behavior pattern.”

Read the Miami Herald Article Here

Read the Florida Supreme Court Opinion Here