Court: Sex offender should not be subject to penile test
The United States 2nd Circuit Court of Appeals in Manhattan has ruled that penile testing is an “extraordinarily invasive” condition to the supervised release of a convicted sex offender.
David McLaurin, an Alabama resident, was convicted in 2001 for taking topless photos of his 13-year daughter for what McLaurin insisted was a photo shoot to help her modeling career. By pleading guilty of child pornography, McLaurin became subject to the rules and regulations of the federal Sex Offender Registration and Notification Act (SORNA), which requires offenders to “register, and keep the registration current, in each jurisdiction” in which they live.
McLaurin, in 2011, moved from Alabama to Vermont after serving a few months in prison, and failed to properly fill out paperwork for the Vermont sex offender registry. McLaurin was arrested for violating SORNA and sentenced to 15 months behind bars and five years supervised release — one condition of release being that McLaurin may be subjected to “plethysmograph examinations, as directed by the probation officer.”