Home > News > Mandatory Penis Monitoring Device Is Invasive — Appeals Court • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Mandatory Penis Monitoring Device Is Invasive — Appeals Court

Mandatory Penis Monitoring Device Is Invasive — Appeals Court
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
  39.66%
Yes, but in a few years
  36.87%
No
  23.46%
Out of 179 votes. Results based on votes submitted by members of XBIZ.net social network.
Oct 4, 2013 10:30 AM PDT    Text size: 

NEW YORK — A federal appeals court ruled yesterday that a convicted sex offender does not have to submit to a penile plethysmograph as a condition of his supervised release from jail.

Penile plethysmography is a two-hour test that “involves placing a pressure sensitive device around a man’s penis, presenting him with an array of sexually stimulating images and determining his level of sexual attraction by measuring minute changes in his erectile responses.”

In the case at hand, the 2nd U.S. Circuit Court of Appeal ruled for David McLaurin, an Alabama resident who was convicted in 2001 for taking topless photos of his 13-year-old daughter for what McLaurin insisted was a photo shoot to help her modeling career.

But by pleading guilty to child pornography, McLaurin became subject to the rules and regulations of the federal Sex Offender Registration and Notification Act, known as SORNA.

SORNA requires offenders to “register, and keep the registration current, in each jurisdiction” in which they live.

McLaurin moved from Alabama to Vermont in 2011 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 in prison and five years supervised release — one condition of release being that McLaurin may be subjected to “plethysmograph examinations, as directed by the probation officer.”

The appeals court had to determine whether or not the requested penile plethysmography, a condition of release, which is a “sufficiently serious invasion of liberty,” served any compelling government interest such as deterrence and protection of the public.

Here, the invasion of McLaurin’s privacy satisfied neither of those government interests. 

The government argued that penile plethysmography is a useful form of correctional treatment for sex offenders who have an unusually high recidivism rate. 

But that argument didn’t hold with the appeals court as the sentencing court in Vermont had previously ruled that McLaurin was “unlikely to reoffend again.”

The appeals court also found that to “consider the purported correlation between increasing penis size and recidivism to be strong, the correlation would be irrelevant.”

"In some cases, the subject apparently may be required, prior to the start of the test, to masturbate so that the machine can be properly calibrated," the appeals court noted in its ruling. "The subject is then required to view pornographic images or videos while the device measures blood flow to the penis and measures the extent of any erection that the subject has."

The appeals court acknowledged a governmental interest in protecting the public but found a “clear distinction between penis measurement and other conditions of supervised release which are reasonably calculated [to accomplish that goal].”

"[T]here is a line at which the government must stop. Penile plethysmography testing crosses it,” the appeals court wrote.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

PROFILES & BIOS

Gian Carlo Tastes Sweet Success of BitterStrawberry

Time flies when you are having fun. And BitterStrawberry’s managing partner, Gian Carlo, is having fun. Not motivated by dollars and cents, Gian Carlo says his “happy place” and “true... More »

Cam World: Jim Austin Puts Stripchat / xHamsterLive on the Cutting Edge

Meet Jim Austin, head of business development for Stripchat and xHamsterLive. Austin helps run the two free online communities where amateur models — women, men, couples and transgender folk —... More »

Crave’s Jack Morocco Brings Fresh Perspective to Channel Manager Role

Jack Morocco must be in the right career. They’ve been hit on by Nina Hartley and already had to fend off Ron Jeremy, all in their short one-and-a-half years with San Francisco boutique outfit Crave.... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

EXXXOTICA Denver

Mar 31 - Apr 02
Denver, CO.

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!