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Sexual Predator and Offender Awareness

Explore the history of sex offender laws and the impact they have had on communities. Learn about key cases and legislation that have shaped the current system. Funding from the Department of Justice, COPS Office.

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Sexual Predator and Offender Awareness

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  1. Sexual Predator and Offender Awareness With Funding from: Department of Justice, COPS Office

  2. The Beginning of Sex Offender Laws • Washington State • 1987- Earl Shriner, career criminal, released from 10 year sentence for raping two teenage girls • 1989 - Shriner rapes, strangles 7 year old boy, severs penis, leaves him to die

  3. Washington State • 1989 - Gene Raymond Kane, serving 13 year sentence for attacking two women • On prison work release • Murders a young Seattle businesswoman

  4. Washington State Con’t • 1989 - Wesley Allen Dodd arrested during attempted abduction of 6 year old boy • Following investigation, Dodd confesses to killing two young boys riding bikes • He also confesses to the kidnapping and murder of 4 year old boy he found playing in a playground

  5. Washington State Con’t • July 1989 - Police Chief in Mountlake Terrace Washington receives notice of sex offenders release • Offender reportedly threatened to harm children once released • Chief Turner conducts first known sex offender community notification

  6. Minnesota • October - 1989 • 11 year old Jacob Wetterling abducted at gunpoint near his home • Prompted the formation of The Jacob Wetterling Foundation by his mother, Patty • Pushed the first national legislation on sex offender registration

  7. Jacob Wetterling

  8. Federal Legislation • The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Act provided states with an outline to create sex offender registration programs. • Became law in 1994 • State compliance deadline 1997 • Set minimum guidelines

  9. Megan Kanka

  10. New Jersey • 1994 - seven year old Megan Kanka raped and murdered • Twice convicted sex offender Jesse Timmendequas is arrested • In 1979 - Timmendequas had pled guilty to the attempted aggravated sexual assault of a 5-year-old girl in New Jersey. Was given a suspended sentence, but failed to go to counseling and spent 9 months in custody

  11. Timmendequas Verdict • In 1981, he pled guilty in regards to the sexual assault of a 7-year-old girl and was imprisoned for 6 years • Lived two blocks from Megan’s home • No community notification in NJ

  12. Timmendequas Verdict Con’t • 1997 Convicted of Megan’s murder • Sentenced to death • Currently on New Jersey’s death row

  13. Megan’s Law • Passed May 17, 1996 • Federal legislation on sex offender community notification

  14. Megan’s Law Con’t • Amends the Wetterling Act regarding release of registration information in two ways • First – eliminates requirements that registration information be treated as private data • Second – makes release of relevant information to the public mandatory

  15. Pam Lynchner Act • Second amendment to Wetterling Act • Requires FBI to create a national sex offender database registry • Passed October 1996 • Set three year time frame for state compliance

  16. Final Wetterling Amendment • 1998 Departments of Commerce, Justice, State, and Related Agencies Appropriations Act (CJSA) • Increased requirements for sexually violent predators • Requires registry of federal, military, & non-resident students and workers

  17. CJSA Con’t • Finally, CJSA requires that states participate in the national sex offender registry (NSOR) • Purpose is that state registry information is tracked between jurisdictions • NSOR launched in July 1999, part of NCIC 2000

  18. Campus Sex Crimes Prevention Act

  19. Act Effective October 28, 2002 • Another amendment to Wetterling Act. • Requires state compliance for grant funding • Provides for tracking of convicted sex offenders enrolled or employed by institutions of higher education

  20. Requires sex offenders to provide: • Name, location and county of each institution • Each campus attended • Enrollment and/or employment status and, • Each change in enrollment or employment status, including a change in location of either

  21. Reporting Requirements • If on Probation, sex offender must notify probation officer within 48 hours of any changes • If off Probation, sex offender must provide all changes to Sheriff within 48 hours of the change

  22. Florida State Laws • Sexual Predator Act • Public Safety Information Act – 1997 • Both Acts amended in 1998 Legislative Session • 1999 Language shifted in responsibility for verification

  23. Amended Language • 1998 amendments to sexual predator acts • Address registration requirements in FL • Outlined community notification requirements • Requires sex offenders to submit DNA samples

  24. Jimmy Ryce Act • Effective January 1, 1999 • Outlines civil commitment for sexually violent offenders • Chapter 916 of Florida Statutes

  25. Jessica Lundsford Act

  26. Jessica’s Story • Jessica was taken from her home during the night allegedly by convicted sex offender John Couey • It is reported that she was raped and then buried alive just steps from her home. • Couey was living at an unreported address with family members.

  27. Lundsford Act Brief Overview • Signed by Governor Bush May 2, 2005 • Widespread changes to sexual predator/offender laws • Effective 09/01/2005 • Re-Registration begins 12/01/2005

  28. Lundsford Act - Highlights • Sex predators/offenders required to re-register in person at Sheriff’s Office twice a year • Extends sexual predator waiting period for petition of removal of designation from 20 to 30 years (for those sexual predators designated after 09/01/05). • 3rd degree felony for failure to respond to address verification letters

  29. Lundsford Act cont. • 3rd degree felony for those who assist, harbor, or conceal a sexual predator or offender in eluding law enforcement to provide false information • No immunity for husbands, wives etc.

  30. Lundsford Act cont. • Provides a criminal offense for a person who alters, tampers, damages, or destroys any court-ordered electric monitoring equipment. • Lewd or lascivious molestation on a child under 12 when the offender is 18 or older f.s 800.04(5)(b)

  31. Lundsford Act cont. • Lewd and lascivious molestation committed, convicted of a life felony on or after 09/01/05: • If not life imprisonment, split sentence to include electronic monitoring for the duration of the defendant’s natural life

  32. Lundsford Act cont. • Registered sexual offender/predator probationers: • Requires court finding regarding danger of subject to public, prior to release on bail.

  33. Lundsford Act cont. • Mandatory electronic monitoring for conditional releasees: • Offense date on or after 9/1/05, for • Specified offenses, and • Victim 15 yrs. or under, offender over 18 yrs. old

  34. Lundsford Act cont. • Requires background screening for contractual personnel permitted access on school grounds when students present or if in direct contact with students.

  35. Re-Registration • Begins December 1, 2005 • Requires offenders to check-in at the Sheriff’s Office twice a year (birth month and 6 months thereafter) • Requires info to be electronically submitted to FDLE within 48 hours • Employment and Vehicle information now required.

  36. Notification to Offenders of New Laws • FDLE has sent notices to offenders/predators beginning the week of July 25th • Through postcards • Multiple mailouts, at least one requiring signature

  37. Sexual Predators

  38. Sexual Predators • The designation of a person as a sexual predator requires a written finding by the court • Qualifying offense must have occurred on or after October 1, 1993.

  39. Sexual Predator Criteria • The “one is enough” sexual predator offense • Any Capital, Life, First Degree Felony, or attempted violation of: • Chapter 794 – Sexual battery • 847.0145 Selling/buying of minors • 800.04 Lewd/Lascivious offense committed upon or in the presence of person under 16 • 787.01* - Kidnapping • 787.05* - False imprisonment or • 787.025* - Luring or enticing a child

  40. Sexual Predator Criteria cont. • * Where the victim is a minor and the defendant is not the victims parent. • Any Violation of a similar law in another jurisdiction • Offense must have occurred on or after October 1, 1993

  41. Sexual Predator Criteria cont.The “second offense” sexual predator offense • Any felony or attempted felony violation of: • Chapter 794 Sexual battery • 847.0145 selling or buying of minors… • 827.071 sexual performance by a child (child porn) • 825.1025(2)(b) lewd/lascivious offense on elderly • 800.04 lewd/lascivious offense committed upon or in the presence of person under 16 • 793.03 procuring person under 18 for prostitution • 787.01* kidnapping

  42. Sexual Predator Criteria cont.The “second offense” sexual predator offense • 787.02* false imprisonment or • 787.025* luring or enticing of a minor: • Where the victim is a minor and the defendant is not the victim’s parent • Any Violation of a similar law in another jurisdiction • Offense must have occurred on or after October 1, 1993

  43. Sexual Predator Designation • An offender who has been determined to be a sexual violent predator pursuant to civil commitment proceedings under Chapter 394 (Jimmy Ryce Act) shall be designated as a sexual predator. • Those committed on or after July 1, 2004

  44. Sexual Offenders

  45. Sexual Offenders • Convicted of certain sex offenses AND • Be in custody or control of, or under supervision by Department of Corrections on or after October 1, 1997 OR • On or after October 1, 1997 be released from sanctions

  46. Sexual Offenders cont. • This also includes any person living in Florida who has been required to register or be subject to community or public notification in any other state as a sex offender.

  47. Qualifying Offenses for Sex Offenders • Kidnapping - Where the victim is a minor and the defendant is not the victim’s parent • False imprisonment - Where the victim is a minor and the defendant is not the victim’s parent • Luring or enticing a child - Where the victim is a minor and the defendant is not the victim’s parent • Sexual Battery - *Excluding subsections 794.011(10) and 794.0235 • Procuring a person under the age of 18 for prostitution

  48. Qualifying Offenses for Sexual Offenders • Lewd/lascivious offenses committed upon or in the presence of persons less than 16 years of age • Lewd/lascivious offenses committed upon or in the presence of an elderly person or disabled adult • Sexual performance by a child • Protection of minors; prohibition of certain acts in connection with obscenity • Computer pornography • Transmission of child pornography by electronic device/equipment • Transmission of material harmful to minors to a minor by electronic device/equipment • Selling or buying of minors  (for portrayal in a visual depiction engaging in sexually explicit conduct)

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