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Subject: Immediate Correction and Retraction Required – False Classification, Improper Public Dissemination, and Abuse of Authority
Jefferson County Sheriff’s Office
Cc: County Attorney or Legal Counsel,
Dear Sheriff,
I am writing to demand immediate correction and retraction of the false and unlawful information that your office recently published about me on the Jefferson County Sheriff’s Office
Facebook page in a so-called “Community Notification.”
In that post, your office specifically and explicitly classified my charge of “Failure to Register as a Sex Offender” as a sex offense and included it in the “Criminal History” section
alongside my sole qualifying offense of Assault in the Second Degree with Sexual Motivation. That false classification directly portrayed me to the public as a repeat or “two-time”
sex offender, which is completely untrue.
Under RCW 9A.44.140(9), Failure to Register as a Sex Offender “is not a sex offense for purposes of determining a previous or subsequent conviction.” The legislature could not have been
clearer in separating that offense from actual sex crimes. By labeling it as a sex offense and broadcasting that misinformation to the public at large, your office acted in direct violation
of Washington law.
It is my belief that this misrepresentation of my criminal history and its dissemination to the general public were not accidental. The tone, presentation, and scope of the Facebook
post suggest that this was done intentionally to intimidate, shame, or further punish me, rather than to provide accurate and lawful community notification. At a minimum, it reflects
gross negligence and a fundamental misunderstanding of the crime-classification framework established by the Washington Legislature.
By treating a non-sex offense as a sex offense, your office improperly escalated the notification level and audience far beyond what is authorized for my Level 2 classification. As you
know, RCW 4.24.550(3) requires that any community notification be narrowly tailored to the offender’s assessed risk level. Level 2 notifications are typically limited and targeted,
while general-public dissemination—including posts to social media—is reserved only for Level 3 offenders or repeat, high-risk individuals who pose an extreme danger to the community.
The posting of my information to the general public, accessible worldwide, was highly irregular, unauthorized, and unjustified. It was a severe escalation that has caused irreparable
harm to my reputation, safety, and personal life. I have been subjected to public harassment, humiliation, and threats, all stemming from your office’s false and reckless publication.
Accordingly, I am demanding that your office take the following immediate corrective actions:
1.
Cease and desist from any further publication or implication that I have more than one sex offense conviction, or that Failure to Register is a sex offense;
2.
Issue a public correction and retraction on the same Facebook page (and any other outlet used), clearly stating that:
*
My sole sex offense is Assault in the Second Degree with Sexual Motivation; and
*
Failure to Register as a Sex Offender is not a sex offense under Washington law and cannot be used to justify broad, general-public notification;
3.
Remove or permanently archive the inaccurate Facebook post so it is no longer publicly viewable; and
4.
Provide me with written confirmation of compliance within ten (10) days of this notice.
If your office fails to take immediate corrective action, I will have no choice but to pursue all available legal remedies, including claims for defamation, negligence, violation of
RCW 4.24.550, invasion of privacy, and constitutional violations under 42 U.S.C. § 1983, as well as requests for damages, injunctive relief, and attorney’s fees.
This situation represents not a minor clerical oversight, but a serious misuse of official authority and a clear violation of statutory duties regarding the handling of sensitive registration
information. The damage caused by this unlawful and excessive dissemination is lasting and profound. I urge you to act promptly and responsibly to correct the record and prevent further
harm.
Respectfully,
Charles Carroll Hartzell IV