NY Court: Penile Stimulation Test Unnecessary

Thursday, 03 Oct 2013 11:13 AM

 

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A New York appeals court has rejected as "extraordinarily invasive" and unjustified a requirement that a sex offender undergo penile stimulation testing after his release from prison.

The 2nd U.S. Circuit Court of Appeals issued the ruling Thursday.

The case involved an Alabama man who was sentenced by a Vermont judge to 15 months in prison for failing to properly register as a sex offender.

David McLaurin had been convicted of producing child pornography more than a decade ago.

A Vermont federal judge had said it was "standard" to include a test in which a man's erectile responses are measured as he is shown sexually stimulating images. The appeals court says it seems "odd" to try to deter someone from committing sex crimes by showing him depictions of sex.

© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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