TALLAHASSEE — The Florida Supreme Court overturned a lower court’s ruling on Thursday that will allow sex offenders serving probation to posses pornography if it's not "relevant" to their "deviant behavior pattern."
The Miami Herald Sun reported that the Court’s 5-2 decision reversed a 2006 Third District Court of Appeal ruling on a Miami case in which that court said offenders cannot possess any sexually explicit material.
The case at issue involved Miami resident Donald Kasischke who pleaded guilty in 2001 to three counts each of lewd or lascivious battery and exhibition on a 15-year-old boy.
Kasischke was sentenced to a year in prison, two years of community control and eight years of probation. After his release from prison, a police search of his home uncovered pornographic photos and a videotape. Kasischke was ordered back to prison but he will have a new hearing in Miami based on Thursday's favorable ruling.
The Court said the defendant should not have been reincarcerated.