REPORT FROM THE KAUAI COUNTY PROSECUTING ATTORNEY – Jayson M. Toki, age 40, pled no contest Monday to five counts of failing to comply with sex offender registration requirements. Toki was convicted in 1998 of third degree sexual assault.
Toki pled no contest to three counts of failing to provide police with information required under the sex offender registration law, and two counts of failing to notify the state of changes in his registration information. Each count is a class C felony and carries a penalty of up to five years in jail and a fine of up to $10,000.
In 2011, a joint program of the Office of the Prosecutor, the Kaua‘i Police Department, and the state attorney general’s office was formed to increase compliance and to investigate and prosecute registered sex offenders who fail to comply with registration requirements.
“Our sex offender registry laws are designed to help law enforcement stay informed of the whereabouts of dangerous sexual predators in our community,” said Kaua‘i Prosecuting Attorney Shaylene Iseri-Carvalho. “When these offenders defy the law by failing to comply with the safeguards, we make it one of our highest priorities to hold them accountable.”
Toki has three prior convictions of harassment, two prior convictions of harassment by stalking, and one conviction each of abuse of family or household members, violating a restraining order, sexual assault, driving without a license, shoplifting, criminal trespass, and theft.
Toki faces sentencing on January 2, 2013.
Nobody has to follow a registry law! They don't have to follow a registry law because there is no assurances that the police State created around individuals actually ensures that those individuals pose an actual danger to society.
The reason is, is because it is not a requirement to be dangerous to be on a sex offender registry. The registry is defined and controlled completely by a legislature and applied without hearings and ex-post facto.
There is no evidence that the registry "safeguards" the community. There IS evidence that being on a registry strips a person of safety and/or security. It is self-evident AND well established that no person has to choose between following the law and losing their safety and/or security or going to jail.
You want to put people into jail for living normal lives? Making criminal normal conduct? You need a court of law when doing so outside of a sentence. If you do not, because you have already decided someone is dangerous, you have lost credibility to regulate anyone. If you threaten people with criminal charges for normal everyday actions, that person has the legal authority to leave the registry and do whatever what one can do to avoid it.
I know in the "land of the free" prisons are the most routine aspect of society and freedom and justice takes a back seat to mob rule or the despotism of a democracy, but you are not allowed to vote on anyone's freedom.
You did iit anyway, but don't expect your laws to be followed.
Many Americans believe that the registry is not their problem. They have misconceptions that former sex offenders belong to a segment of society different from their own. They are wrong. There are over 750,000 people on the registry today and it is growing. Fear, panic and hysteria is causing politicians to create more harsh and further reaching laws. Your child today is soon going to be a teen with raging hormones. The offenders you demonize today may quite probably be your child tomorrow. Heed the words of Nielmoller: First they came for . . .
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