Explanation of "No Contact" Order

The sex offender should make every attempt to avoid being in purposeful contact with children.  This means the offender is not allowed to frequent places where it is "guaranteed" that children will be present.  As an example, the offender should shop at times where it will be "more likely" that children will be at a minimum or not present.  The offender should not, however, shop in a toy store or frequent a video arcade due to the nature of the population, which, obviously, includes children.  If the offender is shopping for necessities, such as food or clothing, the offender will not be in violation if he/she makes reasonable attempts to avoid contact with children.

If the offender feels it is absolutely necessary to frequent a place where children are included, it is the offender's responsibility to make special arrangements so that no contact with children will be made.  As an example, if the offender feels that he/she needs to be involved in religious services or organizations, it is up to the offender to attend only those sessions that include adults or make special arrangements to be completely separated from areas where children frequent.  Many offenders have made special arrangements to sit in the pastor or minister's office while church services are being presented so that the contact with church can continue, but contact with children will be avoided at all costs.

Not only should the offender avoid specific agencies, places, etc., where children may be present, but, in general terms, the offender should avoid areas, such as walking in front of schools, frequenting playgrounds, at parks or attending carnivals or circuses.  It will be the offender's responsibility to carefully evaluate those those general areas where children would be, more than likely, to attend and avoid those areas at all costs.

It is recognized that some incidental contact with children may occur while the offender is in the community.  If all attempts have been made by the offender to avoid purposeful contact, through the offender's choices of activities and behaviors, the following procedure should take place:

1. The offender should be civil and courteous to a child who may have come into incidental contact with the offender.

2. The offender should remove himself/herself immediately from contact with the child without causing duress or emotional upheaval for the child.

3. The offender should then record this contact in a log and present that log to his/her probation officer and/or therapist.

Lastly, it is the offender's responsibility to understand these concepts.  It will be viewed as non-cooperation if the offender continues to be confused about these issues.  Basically, and in summary, the offender must always show that reasonable efforts were made to avoid all possible contact with children regardless of the offender's wants or needs.  If those efforts are made and incidental contact occurs, the offender simply needs to document those contact and make those contacts known to his/her therapist and/or probation officer.

Definition of Terms Regarding Contact with Minors

A minor is defined as anyone under the age of 18.

Contact can mean several things:

1. Actual physical touching

2. Association or relationship: taking any action which furthers a relationship with a minor such as writing letters, sending email, sending messages, buying presents, etc.

3. Communication in any form is contact.  This includes verbal communications such as talking, nonverbal communication such as making eye contact, smiling, etc. or written communication such as letters, email, etc.

4. Proximity contact: Being in the proximity of a minor (such as in the same house, yard, store, or restaurant) where communication could be established with a minor.  If a minor is known to the offender, the offender should control the situation by leaving.  (It is not appropriate to put the responsibility on the minor to avoid communication).  If a minor is in a non-public place and if the minor is not going to leave the offender should leave. (Example: a minor selling magazines door to door, minors come into your yard to play or ask questions, minors come into your yard to play or ask questions, minors come to visit a friend while you are at a friend's house).  This constitutes a high risk for grooming behaviors, opportunity or interpretation of having an opportunity of inappropriate contact.
   
   If the minor is unknown to the offender and is in a public place (encountered at a grocery store, church, movies, etc.):
   First, all efforts should be made to minimize such contact by timing visits to public places when minors are not likely to be present.  (Example: Do not go to Saturday afternoon matinees at the movies).  If this is done, and a minor is still encountered, the offender should not initiate any communication (verbal or nonverbal) with a minor.  If a minor initiates communication, the offender should immediately move away from the minor's area.  If the minor persists in trying to communicate, the offender should leave the public place.

Direct Contact is 1 on 1 contact with a minor.  This includes in person visits, touching, talking on the phone, letters or written notes, email, making proximity contact with a minor.

Indirect Contact is making contact with a minor through another person which includes asking the mother, teacher, or a friend to tell a minor something, or to have a minor answer questions, send pictures, deliver or receive packages, gifts, or money.

Supervisor is a person who has been approved by the probation officer to supervise a contact between a minor and an offender.  The approval must be in writing, and be obtained prior to any supervised contact.  The probation officer and the judge are the only people who can approve a person as a supervisor, your counselor or attorney cannot.  Supervisors must be adults who know the details of the offense, the offender's cycle, risk situations, conditions of probation, and agree to monitor the situation and report violations to the probation officer.

Supervised Contact is when an offender is allowed to have contact with a minor under prearranged conditions and times.  The conditions must be approved in writing prior to the contact.  The approval is by the probation officer or judge only.  Deviations or substitutions must be by prior approval by probation officer in writing.

Supervised contact always requires a pre-approved supervisor.  This never means just another adult is present.

When in doubt, terminate contact.  Then call your probation officer and request more information.