Tuesday, September 21, 2010

Condition of Suspended Sentence Does Not Violate Free Exercise Rights

In State of New Hampshire v. Perfetto,(NH Sup. Ct., Sept. 17, 2010), the New Hampshire Supreme Court held that the conditions imposed on the suspended sentence of defendant who was convicted of child pornography did not violate his right to the free exercise of religion.  Defendant was required to have no contact with minors under the age of 17. He sought to have the court modify the condition so that he could attend meetings at a Jehovah's Witnesses congregation. The court refused, observing that the condition was a neutral one that applies elsewhere as well.  Defendant is still free to practice his religion in many other ways.