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Sexual Predator and Offender Awareness

Sexual Predator and Offender Awareness. With Funding from: Department of Justice, COPS Office. The Beginning of Sex Offender Laws. Washington State 1987- Earl Shriner, career criminal, released from 10 year sentence for raping two teenage girls

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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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