What is the difference between a sex offender and a child sex offender who is prohibited from using a social networking web site?

California, United States of America


The following excerpt is from People v. Vasquez, H039956 (Cal. App. 2016):

Doe v. Nebraska (D. Neb. 2012) 898 F.Supp.2d 1086 is similarly distinguishable. That case involved three criminal statutes, one of which prohibited sex offenders from "knowingly and intentionally us[ing] a social networking web site, instant messaging, or chat room service that allows a person who is less than eighteen years of age to access or use its social networking web site, instant messaging, or chat room service . . . ." (Id. at p. 1094.) The statute defined the term "[s]ocial networking web site" as "a web page or collection of web sites contained on the Internet (a) that enables users or subscribers to create, display, and maintain a profile or Internet domain containing biographical data, personal information, photos, or other types of media, (b) that can be searched, viewed, or accessed by other users or visitors to the web site, with or without the creator's permission, consent, invitation, or authorization, and (c) that may permit some form of communication, such as direct comment on the profile page, instant messaging, or email, between the creator of the profile and users who have viewed or accessed the creator's profile . . . ." (Id. at p. 1095.) The court held that the statute was "so expansive and so vague that it chills offenders and their associates . . . from using those portions of the

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