§ 11-37-8.2.1 Penalty for first degreechild molestation sexual assault – Jessica Lunsford Child Predator Act of2006. – (a) Title and Legislative Intent. The title of this section shall be"The Jessica Lunsford Child Predator Act of 2006". In enacting this section thegeneral assembly intends that in order to ensure the safety of victims the mostdangerous child predators be electronically monitored via an active globalpositioning system in order to ensure that their whereabouts can be easilyascertained by law enforcement and other responsible authorities at all timeswhile providing treatment to offenders.
(b) Every person who shall violate the provisions ofsubdivisions 11-37-8.2.1(b)(1) – 11-37-8.2.1(b)(2) listed herein shall beelectronically monitored via an active global positioning system for life and,as a condition of parole and probation, and for the duration of any period ofhis or her probation following his or her parole shall attend a sex offendertreatment program to address his or her criminally offensive behavior, asdetermined by the department of probation and parole. The persons subject tothis condition of parole shall include:
(1) Persons who commit first degree child molestation sexualassault on or after January 1, 2007 and the victim of the sexual assault istwelve (12) years of age or younger; or
(2) Persons who shall violate the conditions of §11-37-8.1 on or after January 1, 2007 and be determined a high-risk ofre-offense (level 3) offender under the conditions of § 11-37.1-12, andthe person is deemed a child predator as defined in subsection 11-37-8.2.1(g)or have committed the offense in conjunction with circumstances involvingkidnapping, torture or aggravated battery, and provided further that the victimto the offense is fourteen (14) years of age or younger.
(3) Any person who violates the terms of the global positionmonitoring conditions shall be guilty of a misdemeanor.
(c) Any costs associated with the requirements of thissection shall be borne by the offender and the court is hereby authorized andempowered to utilize all resources available to collect the funds for thesecosts unless the court finds that the defendant is indigent. In such casescosts shall be waived in order to promote this section's legislative intent.
(1) Any person who has reason to know that a person convictedof first degree child molestation as defined by § 11-37-8.1 or 11-37-8.2.1is not complying or has not complied with the requirements of this sectionwhere applicable and who with the intent to assist the child molester ineluding a law enforcement agency that is seeking to find the child molester toquestion the child molester about or to arrest the child molester for his orher non-compliance with the requirements of this section and who:
(i) knowingly withholds information from or willfully failsto notify the law enforcement agency about the child molester's non-compliancewith the requirements of this section; or
(ii) harbors or attempts to harbor or assists another personin harboring or attempting to harbor the child molester; or
(iii) knowingly conceals or attempts to conceal or assistsanother person in concealing or attempting to conceal the child molester; or
(iv) provides information to the law enforcement agencyregarding the child molester that the person knows to be false informationcommits a felony and shall be subject to imprisonment for a period of five (5)years. Nothing in this subsection shall be construed as limiting the discretionof the judges to impose additional sanctions authorized in sentencing.
(2) Any person who permits a child predator as defined bythis section to reside with them knowing that the child predator has failed tocomply with the requirements of subsection 11-37-8.2.1(b) commits a felonypunishable by up to five (5) years imprisonment and/or a five thousand dollar($5,000) fine.
(e) Any person who intentionally tampers with damages ordestroys any electronic monitoring equipment required by this section pursuantto a court order or parole board order unless such person is the owner of theequipment or an agent of the owner performing ordinary maintenance and repairscommits a felony and shall be imprisoned for not less than one nor more thanfive (5) years.
(f) The department of corrections, prior to the release fromincarceration of any child predator, shall ensure that the child predator'sfingerprints are taken and forwarded to the bureau of criminal identification(BCI) division within the department of attorney general within forty-eight(48) hours after release from incarceration. The fingerprint card shall beclearly marked "Child Predator Registration Card".
(g) For the purposes of this section "child predator" shallbe defined as any person convicted of any violation of § 11-37-8.1, andwho on a prior occasion has been convicted of a violation of § 11-37-8.1or § 11-37-8.3.
§ 11-37-8.2.1 Penalty for first degreechild molestation sexual assault – Jessica Lunsford Child Predator Act of2006. – (a) Title and Legislative Intent. The title of this section shall be"The Jessica Lunsford Child Predator Act of 2006". In enacting this section thegeneral assembly intends that in order to ensure the safety of victims the mostdangerous child predators be electronically monitored via an active globalpositioning system in order to ensure that their whereabouts can be easilyascertained by law enforcement and other responsible authorities at all timeswhile providing treatment to offenders.
(b) Every person who shall violate the provisions ofsubdivisions 11-37-8.2.1(b)(1) – 11-37-8.2.1(b)(2) listed herein shall beelectronically monitored via an active global positioning system for life and,as a condition of parole and probation, and for the duration of any period ofhis or her probation following his or her parole shall attend a sex offendertreatment program to address his or her criminally offensive behavior, asdetermined by the department of probation and parole. The persons subject tothis condition of parole shall include:
(1) Persons who commit first degree child molestation sexualassault on or after January 1, 2007 and the victim of the sexual assault istwelve (12) years of age or younger; or
(2) Persons who shall violate the conditions of §11-37-8.1 on or after January 1, 2007 and be determined a high-risk ofre-offense (level 3) offender under the conditions of § 11-37.1-12, andthe person is deemed a child predator as defined in subsection 11-37-8.2.1(g)or have committed the offense in conjunction with circumstances involvingkidnapping, torture or aggravated battery, and provided further that the victimto the offense is fourteen (14) years of age or younger.
(3) Any person who violates the terms of the global positionmonitoring conditions shall be guilty of a misdemeanor.
(c) Any costs associated with the requirements of thissection shall be borne by the offender and the court is hereby authorized andempowered to utilize all resources available to collect the funds for thesecosts unless the court finds that the defendant is indigent. In such casescosts shall be waived in order to promote this section's legislative intent.
(1) Any person who has reason to know that a person convictedof first degree child molestation as defined by § 11-37-8.1 or 11-37-8.2.1is not complying or has not complied with the requirements of this sectionwhere applicable and who with the intent to assist the child molester ineluding a law enforcement agency that is seeking to find the child molester toquestion the child molester about or to arrest the child molester for his orher non-compliance with the requirements of this section and who:
(i) knowingly withholds information from or willfully failsto notify the law enforcement agency about the child molester's non-compliancewith the requirements of this section; or
(ii) harbors or attempts to harbor or assists another personin harboring or attempting to harbor the child molester; or
(iii) knowingly conceals or attempts to conceal or assistsanother person in concealing or attempting to conceal the child molester; or
(iv) provides information to the law enforcement agencyregarding the child molester that the person knows to be false informationcommits a felony and shall be subject to imprisonment for a period of five (5)years. Nothing in this subsection shall be construed as limiting the discretionof the judges to impose additional sanctions authorized in sentencing.
(2) Any person who permits a child predator as defined bythis section to reside with them knowing that the child predator has failed tocomply with the requirements of subsection 11-37-8.2.1(b) commits a felonypunishable by up to five (5) years imprisonment and/or a five thousand dollar($5,000) fine.
(e) Any person who intentionally tampers with damages ordestroys any electronic monitoring equipment required by this section pursuantto a court order or parole board order unless such person is the owner of theequipment or an agent of the owner performing ordinary maintenance and repairscommits a felony and shall be imprisoned for not less than one nor more thanfive (5) years.
(f) The department of corrections, prior to the release fromincarceration of any child predator, shall ensure that the child predator'sfingerprints are taken and forwarded to the bureau of criminal identification(BCI) division within the department of attorney general within forty-eight(48) hours after release from incarceration. The fingerprint card shall beclearly marked "Child Predator Registration Card".
(g) For the purposes of this section "child predator" shallbe defined as any person convicted of any violation of § 11-37-8.1, andwho on a prior occasion has been convicted of a violation of § 11-37-8.1or § 11-37-8.3.
§ 11-37-8.2.1 Penalty for first degreechild molestation sexual assault – Jessica Lunsford Child Predator Act of2006. – (a) Title and Legislative Intent. The title of this section shall be"The Jessica Lunsford Child Predator Act of 2006". In enacting this section thegeneral assembly intends that in order to ensure the safety of victims the mostdangerous child predators be electronically monitored via an active globalpositioning system in order to ensure that their whereabouts can be easilyascertained by law enforcement and other responsible authorities at all timeswhile providing treatment to offenders.
(b) Every person who shall violate the provisions ofsubdivisions 11-37-8.2.1(b)(1) – 11-37-8.2.1(b)(2) listed herein shall beelectronically monitored via an active global positioning system for life and,as a condition of parole and probation, and for the duration of any period ofhis or her probation following his or her parole shall attend a sex offendertreatment program to address his or her criminally offensive behavior, asdetermined by the department of probation and parole. The persons subject tothis condition of parole shall include:
(1) Persons who commit first degree child molestation sexualassault on or after January 1, 2007 and the victim of the sexual assault istwelve (12) years of age or younger; or
(2) Persons who shall violate the conditions of §11-37-8.1 on or after January 1, 2007 and be determined a high-risk ofre-offense (level 3) offender under the conditions of § 11-37.1-12, andthe person is deemed a child predator as defined in subsection 11-37-8.2.1(g)or have committed the offense in conjunction with circumstances involvingkidnapping, torture or aggravated battery, and provided further that the victimto the offense is fourteen (14) years of age or younger.
(3) Any person who violates the terms of the global positionmonitoring conditions shall be guilty of a misdemeanor.
(c) Any costs associated with the requirements of thissection shall be borne by the offender and the court is hereby authorized andempowered to utilize all resources available to collect the funds for thesecosts unless the court finds that the defendant is indigent. In such casescosts shall be waived in order to promote this section's legislative intent.
(1) Any person who has reason to know that a person convictedof first degree child molestation as defined by § 11-37-8.1 or 11-37-8.2.1is not complying or has not complied with the requirements of this sectionwhere applicable and who with the intent to assist the child molester ineluding a law enforcement agency that is seeking to find the child molester toquestion the child molester about or to arrest the child molester for his orher non-compliance with the requirements of this section and who:
(i) knowingly withholds information from or willfully failsto notify the law enforcement agency about the child molester's non-compliancewith the requirements of this section; or
(ii) harbors or attempts to harbor or assists another personin harboring or attempting to harbor the child molester; or
(iii) knowingly conceals or attempts to conceal or assistsanother person in concealing or attempting to conceal the child molester; or
(iv) provides information to the law enforcement agencyregarding the child molester that the person knows to be false informationcommits a felony and shall be subject to imprisonment for a period of five (5)years. Nothing in this subsection shall be construed as limiting the discretionof the judges to impose additional sanctions authorized in sentencing.
(2) Any person who permits a child predator as defined bythis section to reside with them knowing that the child predator has failed tocomply with the requirements of subsection 11-37-8.2.1(b) commits a felonypunishable by up to five (5) years imprisonment and/or a five thousand dollar($5,000) fine.
(e) Any person who intentionally tampers with damages ordestroys any electronic monitoring equipment required by this section pursuantto a court order or parole board order unless such person is the owner of theequipment or an agent of the owner performing ordinary maintenance and repairscommits a felony and shall be imprisoned for not less than one nor more thanfive (5) years.
(f) The department of corrections, prior to the release fromincarceration of any child predator, shall ensure that the child predator'sfingerprints are taken and forwarded to the bureau of criminal identification(BCI) division within the department of attorney general within forty-eight(48) hours after release from incarceration. The fingerprint card shall beclearly marked "Child Predator Registration Card".
(g) For the purposes of this section "child predator" shallbe defined as any person convicted of any violation of § 11-37-8.1, andwho on a prior occasion has been convicted of a violation of § 11-37-8.1or § 11-37-8.3.
