Jessica's Law is the informal name given to a 2005 Florida law, as well as laws in several other states, designed to protect potential victims and reduce a sexual offender's ability to re-offend which includes a mandatory minimum sentence of 25 years in prison and lifetime electronic monitoring when the victim is less than 12 years old. A version of Jessica's Law, known as the Jessica Lunsford Act, was introduced at the federal level in 2005 but was never enacted into law by Congress.
An act relating to sexual predators and sexual offenders; providing a popular name; amending s. 775.21, F.S.; revising criteria for sexual predator designation, extending period for petition to remove sexual predator designation; creating s. 775.235, F.S.; prohibiting the harboring of a sexual predator or sexual offender; providing criminal penalties; amending s. 921.141, F.S.; creating an aggravating circumstance pertaining to sexual predators for purposes of imposing the death penalty; amending s. 947.1405, F.S.; requiring sexual offenders and sexual predators on conditional release to be placed on electronic monitoring; creating s. 947.1406, F.S.; providing requirements for electronic monitoring of sexual offenders and sexual predators on conditional release; amending s. 948.30, F.S.; requiring sexual offenders and sexual predators on community control or probation to be placed on electronic monitoring; amending s. 948.11, F.S.; providing requirements for electronic monitoring of sexual offenders and sexual predators on community control or probation; providing an effective date.
The name is also used by the media to designate all legislation and potential legislation in other states modeled after the Florida law. Forty-two states have introduced such legislation since Florida's law was passed.
The law is named after Jessica Lunsford, a young Florida girl who was kidnapped, raped, and murdered in February 2005 by John Couey, a previously convicted sex offender. Public outrage over this case spurred Florida officials to introduce this legislation. Among the key provisions of the law was classifying lewd or lascivious molestation on a person under the age of 12 as a life felony, and a mandatory minimum sentence of 25 years in prison[1] and lifetime electronic monitoring[2] of persons 18 and older convicted of lewd or lascivious molestation against a victim less than 12 years old. Lewd or lascivious molestation is defined as "A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them,... or forces or entices a person to so touch the perpetrator." The statute also requires that if an offender is sentenced to a term of years, he or she must be given lifetime probation following the imprisonment. In Florida, another charge, capital sexual battery is defined as: A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a capital felony. Sexual battery is defined as oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object, except for bonafide medical purposes. The charge of capital sexual battery carries a mandatory sentence of life in prison without parole.[3]
The Jessica Lunsford Act (H.R. 1505 of the 109th Congress), was a proposed federal law in the United States — modeled after the Florida state law — which, if adopted, would have mandated more stringent tracking of released sex offenders.
Sex offenders would have been required to wear Global Positioning System devices on their ankles for five years following their release from prison, or for life for those deemed sexual predators, to better enable law enforcement personnel to track their whereabouts. The costs of tracking and monitoring offenders would have been absorbed by each State.
States would have been required to mail sex offender registration forms at least twice per year, at random times, to verify registrants' addresses. Any registrants who did not respond within 10 days would have to be considered non-compliant.
The bill was introduced by U.S. Republican Congresswoman Ginny Brown-Waite from Florida on April 6, 2005. It had 107 cosponsors and was referred to a subcommittee of the House Judiciary Committee, but it was never voted upon (either by any committee or the full Congress), and it died when the 109th Congress finally adjourned.
Impact on offender's family membersedit
Advocates for convicted sex offenders claim that the civil rights of convicted persons and their non-offending family members is forever affected, long after the punishment has ended. Internet publication of sex offenders' home addresses continues to be upheld by the court in the name of public safety, although a series of vigilante-type murders in Maine in April 2006 have brought new concerns of misuse of the registry and for the safety of non-offending family members by private parties. Missouri civil rights attorney Arthur Benson currently awaits a decision from the Missouri Supreme Court regarding the Sex Offenders Registration and Notification Act (SORNA) litigation, Jane Doe I, et al. v. Thomas Phillips et al.[4] which "contends the act violates substantive due process rights and equal protection rights because it infringes on fundamental liberty rights, imposes a lifetime stigma, has no express purpose and, even if it serves a compelling interest, is not narrowly tailored or rationally related to that interest. They assert that, if the act is deemed to be criminal in nature, it violates the prohibition against ex post facto laws because it imposes an additional punishment, thereby altering the consequences for a crime for which they already have been sentenced."
Arthur A. Benson II. Jane Doe I, et al. v. Thomas Phillips et al. (Case No. SC86573). May 2006.
Carl Jones. "Porn Law Goes Too Far". Daily Business Review. April 10, 2006.
Internet Broadcasting Systems and Local6.com. "Groups Propose Tier System For Sex Registry". May 2006.
Rebecca Van Drunen. Confederation College. "Outcast Society: A Closer Look at North American Sexual Offenders in the Twenty-First Century". May 5, 2006.
Sharon Wilson. "Sex Offenders: The Other Side". Orlando Sentinel. 23 October 2005.
Symons, Michael (2014-06-02). "New Jersey, after 9 years, adopts Jessica Lunsford Act". Asbury Park Press.
November 02, 2023
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This article is about the Florida law For the California law see California Proposition 83 2006 Jessica s Law is the informal name given to a 2005 Florida law as well as laws in several other states designed to protect potential victims and reduce a sexual offender s ability to re offend which includes a mandatory minimum sentence of 25 years in prison and lifetime electronic monitoring when the victim is less than 12 years old A version of Jessica s Law known as the Jessica Lunsford Act was introduced at the federal level in 2005 but was never enacted into law by Congress Jessica s LawFlorida State LegislatureFull nameAn act relating to sexual predators and sexual offenders providing a popular name amending s 775 21 F S revising criteria for sexual predator designation extending period for petition to remove sexual predator designation creating s 775 235 F S prohibiting the harboring of a sexual predator or sexual offender providing criminal penalties amending s 921 141 F S creating an aggravating circumstance pertaining to sexual predators for purposes of imposing the death penalty amending s 947 1405 F S requiring sexual offenders and sexual predators on conditional release to be placed on electronic monitoring creating s 947 1406 F S providing requirements for electronic monitoring of sexual offenders and sexual predators on conditional release amending s 948 30 F S requiring sexual offenders and sexual predators on community control or probation to be placed on electronic monitoring amending s 948 11 F S providing requirements for electronic monitoring of sexual offenders and sexual predators on community control or probation providing an effective date IntroducedApril 1 2005House votedApril 22 2005 115 0 Senate votedApril 21 2005 40 0 Signed into lawMay 2 2005Sponsor s Criminal Justice CommitteeGovernorJeb BushCodeFlorida StatutesBillHB 1887WebsiteFlorida House websiteStatus Current legislationThe name is also used by the media to designate all legislation and potential legislation in other states modeled after the Florida law Forty two states have introduced such legislation since Florida s law was passed The law is named after Jessica Lunsford a young Florida girl who was kidnapped raped and murdered in February 2005 by John Couey a previously convicted sex offender Public outrage over this case spurred Florida officials to introduce this legislation Among the key provisions of the law was classifying lewd or lascivious molestation on a person under the age of 12 as a life felony and a mandatory minimum sentence of 25 years in prison 1 and lifetime electronic monitoring 2 of persons 18 and older convicted of lewd or lascivious molestation against a victim less than 12 years old Lewd or lascivious molestation is defined as A person who intentionally touches in a lewd or lascivious manner the breasts genitals genital area or buttocks or the clothing covering them or forces or entices a person to so touch the perpetrator The statute also requires that if an offender is sentenced to a term of years he or she must be given lifetime probation following the imprisonment In Florida another charge capital sexual battery is defined as A person 18 years of age or older who commits sexual battery upon or in an attempt to commit sexual battery injures the sexual organs of a person less than 12 years of age commits a capital felony Sexual battery is defined as oral anal or vaginal penetration by or union with the sexual organ of another or the anal or vaginal penetration of another by any other object except for bonafide medical purposes The charge of capital sexual battery carries a mandatory sentence of life in prison without parole 3 Contents 1 Jessica Lunsford Act 1 1 Bill objectives 1 2 Impact on offender s family members 2 See also 3 References 4 External linksJessica Lunsford Act editThe Jessica Lunsford Act H R 1505 of the 109th Congress was a proposed federal law in the United States modeled after the Florida state law which if adopted would have mandated more stringent tracking of released sex offenders Bill objectives edit The bill if passed would have greatly reduced federal grant money under the Violent Crime Control and Law Enforcement Act of 1994 42 U S C 14071 and Omnibus Crime Control and Safe Streets Act of 1968 42 U S C 3765 to any U S State that failed to conform its sex offender registration laws to the following Sex offenders would have been required to wear Global Positioning System devices on their ankles for five years following their release from prison or for life for those deemed sexual predators to better enable law enforcement personnel to track their whereabouts The costs of tracking and monitoring offenders would have been absorbed by each State States would have been required to mail sex offender registration forms at least twice per year at random times to verify registrants addresses Any registrants who did not respond within 10 days would have to be considered non compliant The bill was introduced by U S Republican Congresswoman Ginny Brown Waite from Florida on April 6 2005 It had 107 cosponsors and was referred to a subcommittee of the House Judiciary Committee but it was never voted upon either by any committee or the full Congress and it died when the 109th Congress finally adjourned Impact on offender s family members edit Advocates for convicted sex offenders claim that the civil rights of convicted persons and their non offending family members is forever affected long after the punishment has ended Internet publication of sex offenders home addresses continues to be upheld by the court in the name of public safety although a series of vigilante type murders in Maine in April 2006 have brought new concerns of misuse of the registry and for the safety of non offending family members by private parties Missouri civil rights attorney Arthur Benson currently awaits a decision from the Missouri Supreme Court regarding the Sex Offenders Registration and Notification Act SORNA litigation Jane Doe I et al v Thomas Phillips et al 4 which contends the act violates substantive due process rights and equal protection rights because it infringes on fundamental liberty rights imposes a lifetime stigma has no express purpose and even if it serves a compelling interest is not narrowly tailored or rationally related to that interest They assert that if the act is deemed to be criminal in nature it violates the prohibition against ex post facto laws because it imposes an additional punishment thereby altering the consequences for a crime for which they already have been sentenced See also editCalifornia Proposition 83 2006 Penile plethysmograph Megan s Law Sarah s Law Clare s LawReferences edit FL Statute 800 04 FL legislation FL Statute 947 1405 FL legislation FL Statute 794 011 2 B FL Legislation Supreme Court Home Page Arthur A Benson II Jane Doe I et al v Thomas Phillips et al Case No SC86573 May 2006 Carl Jones Porn Law Goes Too Far Daily Business Review April 10 2006 Internet Broadcasting Systems and Local6 com Groups Propose Tier System For Sex Registry May 2006 Rebecca Van Drunen Confederation College Outcast Society A Closer Look at North American Sexual Offenders in the Twenty First Century May 5 2006 Sharon Wilson Sex Offenders The Other Side Orlando Sentinel 23 October 2005 External links editFull text of the bill 1 permanent dead link Florida House Bill 1877 The text of the enrolled version of Jessica s Law passed in Florida Jessie s Dad Symons Michael 2014 06 02 New Jersey after 9 years adopts Jessica Lunsford Act Asbury Park Press Retrieved from https en wikipedia org w index php title Jessica 27s Law amp oldid 1170575240, wikipedia, wiki, book, books, library,
