U.S. Eighth Circuit - The FindLaw 8th Circuit Court of Appeals Opinion Summaries Blog

January 2017 Archives

Court Affirms Conditions for Sex Offender

A federal appeals court affirmed probation conditions for a sex offender, including a requirement of supervised visitation with his one-year-old child, based upon his conviction of having sex with a teenager.

The Eighth Circuit Court of Appeal said the conditions were reasonable, given the offender's history of inappropriate contact with minors. Jason Brandon Schultz had been convicted of sex assault for his consensual relationship with a 14-year-old girl when he was 23 years old. He later repeatedly violated conditions of probation.

"In light of this history and the district court's recognition of the need for Schultz to maintain a relationship with his children, the district court made individualized findings and the restriction is narrowly tailored to address the circumstances of Schultz's criminal history as well as his family situation," the judges said.

8th Circuit Upholds Minnesota's Sex Offender Law

"Minnesota has the highest per capita population of civilly committed sex offenders in the nation."

This is mentioned as little more than a footnote in the Eighth Circuit decision, upholding the state's sex offender program against claims of unconstitutionality. But that one sentence almost tells the whole story.

In 1994, the state enacted the Minnesota Sex Offender Program. It provides specialized sex offender assessment, diagnosis, care, treatment, supervision, and other services to civilly committed sex offenders. It has received 714 people, but no one has been fully discharged from the program and only three have been provisionally discharged from the program. That's where the case begins.