Posted on 01/14/2005 9:24:51 PM PST by plan2succeed.org
Man Admits to Public Indecency at Library By Christy Gutowski, Daily Herald Legal Affairs Writer Posted Friday, January 14, 2005
A judge banned a man from using computers inside DuPage County libraries after he pleaded guilty Thursday to public indecency for an incident at Nichols Library in Naperville.
[The perp] admitted fondling himself May 18 while he perused porn on a library computer. His arrest sparked a battle regarding privacy issues between local police and library officials.
The 35-year-old Naperville man must perform 50 hours of public service and serve a two-year period of probation during which he is banned from library computer use. He also must steer clear of the children's sections.
Prosecutors had sought a 180-day jail sentence, but the defense successfully argued [the perp] had been punished enough. He lost his job at a Naperville Walgreens after the arrest.
[The perp] also is seeking voluntary therapy to treat his obsessive compulsive disorder, said Jackie Lacy, a senior assistant public defender. He did not have any prior criminal history.
"The embarrassment and level of shame he has is extraordinary," Lacy said. "He's addressing his issues and has done so on his own. He realizes he has a problem and needs help."
Three male teens reported to a library supervisor that another patron in the computer lab was touching himself while looking at pornography. [The perp] never exposed himself.
After being confronted, [the perp] told the supervisor he was leaving. The supervisor later reported the allegations to police at the teens' urging.
Police asked library officials if they could review their records to identify the man, who had left the building. Initially, library officials refused, citing state privacy laws prohibiting the release of such information without a court order.
Police obtained the subpoena and identified [the perp] the next day after reviewing the library's records. Although young children did not witness the crime, prosecutors said several between the ages of 9 to 14 were nearby.
"He admitted he was watching pornography and that he knew kids were around him," prosecutor David Rafferty said. "He admitted doing it on two prior occasions."
As part of the sentence, DuPage Associate Judge Brian McKillip ordered that [the perp] be placed on a special kind of strict probation for people convicted of sexual offenses. For example, the defendant's proximity to parks, schools and other places where children are present will be restricted.
What do you Freepers think of this article?
We excerpted this article on our website about unfiltered library computers, the ALA (American Library Association), and the danger for children therefrom.
It is a PUBLIC Library. One is not entitled to privacy in a PUBLIC setting.
The guy obviously thought he was in a pubic library.
Sounds more like a pubic library.
LOL
Hey! The same bad joke. Beat me by 1 second!
BTW - the guy should have used his hands to type with.
("Mr. Clinton? May I use your Dictaphone?".
Miss Lawinsky, why don't you use your finger like every one else!")
Must have forgotten his trenchcoat that day.
I thought I was going to read that he had read aloud Bill Clintons book.
What is this? The Pee Wee Herman Memorial Public Library? Sheesh.
Library Records Confidentiality Act.
75 ILCS 70/1) (from Ch. 81, par. 1201)
Sec. 1. (a) The registration and circulation records of a library are confidential information. Except pursuant to a court order, no person shall publish or make any information contained in such records available to the public.
I think the man's actions were disgusting, and the library should watch it's patrons more closely. I realize this is not possible.
How could anyone think this would be OK? It's one thing in the privacy of your own home, which is sickening enough, IMO, but it's really sickening in this situation.
Yes. But the police were essentially in hot pursuit of someone. I don't have the code in front of me but certainly there are exceptions for that or for some other similar category. Do you have access to the code and can you see if some exception or the like exists in the code? In case law? In local practice? Thanks.
Oh yes, one more thing in this issue. By defiance of the law I include not installing Internet filters if they are required under CIPA as proved constitutional under US v. ALA. Had filters been there, that guy would probably not have been viewing porn in the first place, and on a repeated basis.
Sounds like the librarians took the phrase, "Book 'em, Dan-o!" seriously!
..It was also reported that the computer records showed web searches for, the book of "Bathroom Stall Techniques" By George Michaels. Also , the "Perp" was overheard singing a song from the 80's pop group WHAM.
...........hhmmmm.......
I think there should be no editorializing of any kind when posting an article from another source. You're given that opportunity with post number 1.
Since when does OCD cause someone to surf porn and play with himself in a public place?
MM
Thank you for the citation. I now have an answer. The article states "Police asked library officials if they could review their records to identify the man...." What the code you provided says is "The registration and circulation records of a library are confidential information. Except pursuant to a court order, no person shall publish or make any information contained in such records available to the public." The police where not asking for the registration and circulation records of the perp. They only wanted his identity. They were not checking out what books he took out in the past, which I believe is the purpose of that act. I look forward to your response.
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