| Old Laws |
Jessica's Law |
| Overview |
- Sentences are 15 years to life for offenders that rape a child under the age of 14. The offender must be 10 years older than the child. There is ambiguity in the law.
- Sentences are 25 years to life if an offender commits a forcible sex act on either a child or adult and has a prior convicted offense, commits the offense with aggravated assault, among a host of criteria that may be applied as a factor.
- There is judicial discretion.
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- Closes loopholes in current law and ensures that States have mandatory minimums of 15-25 years to life, for any sexual crimes on children under 14. The offender is 7 years older than the child.
- For every convicted forcible sex act, the offender will receive consecutive full-term sentences. (For example, if an offender molests the same child three times, in the span of several hours, the offender will receive 45 years to life or 3 consecutive sentences).
- Closes loopholes in State laws by eliminating judicial discretion which ensures all offenders will be sentenced 25 years to life.▪ Adds the crime of burglary with the intent to commit a forcible sex crime to the mandatory minimum sentencing of life with the possibility of parole.
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“Good-Time Credits” for Sex Offenders |
- Allows sex offenders to reduce their prison terms through the use of “good-time credits.”
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- Eliminates the use of “good-time credits” for violent sex offenders, ensuring that they serve a full 15 to 25 years before being considered for parole on their life crime.
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GPS Tracking |
- Permits the state to use GPS tracking as a condition of parole for convicted sex offenders.
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- Requires registered sex offenders released on parole to be placed on a GPS tracking system for life.
- Requires offenders to pay for their own GPS equipment, if they are financially able.
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Predator-Free Zone |
- Prohibits some offenders convicted of lewd and lascivious conduct against a child from living within one-quarter mile (1320 ft.) of a school, for the duration of their parole.
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- Prohibits all registered sex offenders from living within 2000 ft. of a school or park, for the duration of their registration.
- Allows local governments to include additional sites they deem appropriate, such as children’s museums or water parks.
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“Sexually Violent Predators” |
- Requires two offenses before a predator can be classified as “sexually violent.”
- Sexually Violent Predators may be civilly committed to a state hospital for a two year term. District Attorneys may file a new petition every two years demonstrating the offender is still a danger.
- SVP’s may run their parole time out while civilly committed, leaving no parole jurisdiction upon release.
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- Allows for an offender to be evaluated as asexually violent predator after one crime, ratherthan waiting for a second victim.
- Allows for indefinite commitment to a state hospital (like other states with an SVP program) until the SVP can prove to a court they no longer fit the criteria.
- Requires SVP's parole period to toll while in the state hospital so they serve their parole time after discharge
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Child Pornography |
- Possession of child pornography is a
misdemeanor.
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- Possession of child pornography is an alternate misdemeanor/felony.
- Possession of child pornography is a felony if the offender has a prior conviction of a sex offense.
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Internet Luring |
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Current law is incomplete; it waits for direct harm to occur before criminal penalties can be attached.
- Law enforcement attempts to go undercover to capture internet predators are often disallowed by the courts because of loopholes in State laws.
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- Specifically prohibits any contact or communication with a minor for the purpose of engaging in sexual conduct or abuse.
- Closes loopholes by allowing law enforcement to act as decoys in order to engage and capture internet predators.
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“Date Rape" Drug Use |
- Imposes an additional three-year prison term for persons who force the use of specified controlled substances in the commission of a felony.
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- Imposes an additional five-year prison term for persons who use specified controlled substances (i.e. date rape drugs) in the commission of specified sexual crimes, such as rape.
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Increase Parole Terms and Fines |
- Provides for parole terms from 3-5 years for various sex offenses.
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- Provides for parole terms of up to 10 years for the most heinous sex offenses
- Increases various fines and penalties.
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