Inside the Courts March 15, 2016

Sexual Battery Includes oral, anal, or vaginal penetration by, or union with the sexual organ of another 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 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 Child under age of 12 by a person over 18 Mandatory life sentence Mandatory life sentence Child under age of 12 by a person under 18 Child under age of 12 by a person under 18 Discretionary life sentence Discretionary life sentence

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

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

Sexual Battery - Penalties Person 12 years of age or older without their consent Person 12 years of age or older without their consent May sentence up to 15 years in prison 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 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 less than 12 years old – mandatory life sentence Victim between 12 years but less than 18 years old – discretionary life sentence Victim between 12 years but less than 18 years old – discretionary life sentence

Lewd or Lascivious Offenses Not a defense Not a defense Consent of the victim Consent of the victim Victim’s lack of chastity Victim’s lack of chastity Victim’s misrepresentation of age Victim’s misrepresentation of age Accused’s ignorance of victim’s age Accused’s ignorance of victim’s age Accused’s bona fide belief in 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 Sexual activity with a person 12 years or older but less than 16 years old May sentence to up to 15 years in prison May sentence to up to 15 years in prison

Lewd or Lascivious Molestation Touching the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age in a lewd or lascivious manner Touching the breasts, genitals, 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 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 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 If the accused is less than 18 years and the victim is less than 12 years May sentence up to 15 years in prison 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 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 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 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 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 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 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 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 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. 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 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 treatment program

Sex Offender Probation No or limited contact with children under 18 No or limited contact with children under 18 Electronic Monitoring Electronic Monitoring No or limited internet access No or limited internet access Polygraph examination 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. 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 Sexual Predators and Sexual Offenders are required to register with the local Sheriff’s Office and the Department of Motor Vehicles Lifetime registration Lifetime registration

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

“Romeo and Juliet” Can seek removal from the registration requirement 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 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 Underlying sexual conduct was consensual