Sex Offender Loophole

Alabama Mobile  A Gulf Coast lawmaker is hoping to close a loophole that could be keeping sex offenders on the streets.
by Jessica Taloney
Published: Wed, February 25, 2009 - 5:45 pm CST Last Updated: Wed, February 25, 2009 - 5:48 pm CST
A Gulf Coast lawmaker is hoping to close a loophole that could be keeping sex offenders on the streets.

Alabama law says it is illegal to solicit minors for sex using a computer, but the law doesn't mention law enforcement officers posing as children. As a result, suspected predators have successfully challenged charges stemming from online busts.

"In some cases, the defendant was able to get off saying they were communicating with an adult, meaning the undercover officer rather than a child," says Rep. Steve McMillan of Bay Minnette.

McMillan has introduced legislation that would close the loophole by making it equally as illegal to solicit an undercover agent.

"This would just clean up the legislation," says Mobile County Sheriff Sam Cochran. "Being able to run these types of operations is one of the strongest deterrents there is to be able to prevent children from being assaulted by sexual predators over the Internet."

McMillan began working on reforming the law in 2007 when the loophole was brought to his attention by investigators in Gulf Shores. The measure sailed through the House of Representatives earlier this week, and will now go to the Senate.

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