Sex Offenses and Offenders Inside the Courts March

Sex Offenses and Offenders Inside the Courts March 15, 2016

Sexual Battery �Includes oral, anal, or vaginal penetration by, or union with the sexual organ of another �Includes the anal or vaginal penetration of another by any other object

Sexual Battery - Penalties �Child under age of 12 by a person over 18 �Mandatory life sentence �Child under age of 12 by a person under 18 �Discretionary life sentence

Sexual Battery - Penalties �Person 12 years of age or older without consent and a deadly weapon or physical force is used �Discretionary life sentence

Sexual Battery - Penalties �Person 12 years of age or older without their consent and under certain circumstances �May sentence up to 30 years in prison

Sexual Battery - Penalties �Person 12 years of age or older without their consent �May sentence up to 15 years in prison

Sexual Battery - Penalties �If the accused is in a position of familial or custodial authority and commits a sexual battery �Victim less than 12 years old – mandatory life sentence �Victim between 12 years but less than 18 years old – discretionary life sentence

Lewd or Lascivious Offenses �Not a defense �Consent of the victim �Victim’s lack of chastity �Victim’s misrepresentation of age �Accused’s ignorance of victim’s age �Accused’s bona fide belief in victim’s age

Lewd or Lascivious Battery �Sexual activity with a person 12 years or older but less than 16 years old �May sentence to up to 15 years in prison

Lewd or Lascivious Molestation �Touching the breasts, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age in a lewd or lascivious manner

Lewd or Lascivious Molestation �If the accused is 18 years or older and the victim is less than 12 years �At least 25 years in prison up to life; lifetime probation �If the accused is less than 18 years and the victim is less than 12 years �May sentence up to 15 years in prison

Lewd or Lascivious Molestation �If the accused is 18 years or older and the victim is 12 years of age but less than 16 years old �May sentence up to 15 years in prison

Lewd or Lascivious Molestation �If the accused is less than 18 years and the victim is 12 years of age but less than 16 years old �May sentence up to 5 years in prison

Sexual Activity with Certain Minors �Person 24 years or older who engages in sexual activity with a 16 or 17 year old �May be sentenced up to 15 years in prison

Solicitation via Computer & Traveling to Meet a Minor �Solicitation of a child, parent, legal guardian or custodian to commit sexual activity – up to 5 years in prison �Traveling to meet a child for sexual activity – up to 15 years in prison

Sex Offender Probation �Mandatory curfew from 10: 00 p. m. – 6: 00 a. m. �If victim was less than 18, offender cannot live within 1, 000 feet of a school, child care facility, park, playground �Sex offender treatment program

Sex Offender Probation �No or limited contact with children under 18 �Electronic Monitoring �No or limited internet access �Polygraph examination

Jimmy Ryce Proceedings �Certain sexual offenders may be civilly committed for treatment if they are found to suffer from a mental abnormality or personality disorder that make them likely to engage in acts of sexual violence if not confined to a long term care facility for treatment.

Registration Requirement �Sexual Predators and Sexual Offenders are required to register with the local Sheriff’s Office and the Department of Motor Vehicles �Lifetime registration

Registration Requirement �Name, address, DOB, SSN �Home, work and cell phone numbers �Race, sex, height, weight, hair color, eye color �Tattoos, fingerprints, photograph �Place of employment, occupation �E-mail address, instant messaging name

“Romeo and Juliet” �Can seek removal from the registration requirement �Defendant is no more than 4 years older than the victim who was either 14, 15 or 16 years old at the time of the offense �Underlying sexual conduct was consensual