San Juan Capistrano is looking into passing ordinances banning sex offenders from city parks. City Council members want to allow such an ordinance but are concerned over the legal issues that might ensue and future lawsuits against the city. City attorney Omar Sandoval proposed two options for the city that would restrict registered sex offenders from city parks. One option is prosecuting sex offenders who do not have permission from San Juan Capistrano PD to be present at the park with a misdemeanor offense. A first time violation would be possible jail time of six months and up to $500.00 in fines. Second and third violation would include jail time and fines. Another option would allow a registered sex offender to accompany their child to the park as long as they had written permission with a date, time and location. Other permissible instances would be, for work, religious, free speech or voting events. See Penal Code Section 290.
Criminal Law Updates by the Law Offices of Orange County Defense Lawyer William W. Bruzzo (714) 547-4636.