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News & Noteworthy © ---
Spotlight Report 8-11-07 |
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Typical of Florida Lawmakers, They Misconstrue the Adam Walsh Act!
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8-10-2007 Florida:
New Fla. law will brand teens as sex offenders for life |
.Young teens convicted of sex crimes behind the closed doors of juvenile court will now end up on the state's public registry of sex offenders. A state law that went into effect July 1 will list teens as young as 14 on the same Web site as adults who are convicted pedophiles and sexual predators. The designation will follow them and their families as they enter schools, move to new communities and eventually apply for colleges, trade schools and jobs.
Some public defenders and legal experts describe the law as revolutionary because it makes public the actions of juvenile court. They say it may hinder rehabilitation of those who commit relatively minor offenses by publicly labeling them as sex offenders. Public defenders plan to challenge the law, saying it sentences juveniles as adults without allowing jury trials. [[[snip]]]
Florida legislators unanimously approved the measure to comply with the Adam Walsh Child Protection and Safety Act and to qualify for millions of dollars in federal funding. The Adam Walsh Act, which went into effect last year, requires children 14 and older who engage in genital, anal or oral-genital contact with children younger than 12 to be included in community-notification laws, such as the predator list.
The intent of the federal law, according to state officials, was to add juveniles who use force or coercion while committing sex crimes to the state and national sex offender lists.
..more..
: by Tim Collie
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8-8-2007 Florida:
'Romeo and Juliet' law sheds man's sex offender status |
.A 28-year-old man has shed his sex offender status under a new "Romeo and Juliet" law intended to allow certain people convicted of teenage sexual activity to separate themselves from the state's registered sex offenders. The Florida Department of Law Enforcement said Anthony Croce of St. Petersburg is the only person so far to qualify for removal from Florida's registry of sex offenders under the law named after William Shakespeare's star-crossed teen lovers.
Underage sex is still a crime in Florida, but the law, which went into effect in July, allows a judge to remove the sex offender designation in certain cases. The victim in the case must be between 14 and 17, a willing participant in the sexual activity and no more than four years younger than the offender. The offense must be the only sex crime on the offender's record.
..more..
: by TIMES STAFF
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.Florida has announced it is complying with the Adam Walsh Act (AWA) and has made changes in its law to do so. However, two changes in Florida law has caused major confusion recently.
1) First they wanted to remove the sex offender status from cases commonly known as Romeo and Juliet cases;
2) Secondly they are including young teens convicted of certain crimes in their public registry.
This Op-Ed will review what Florida has done, as reported in the news articles in the sidebar, and -verbatim- what AWA says. Remember, this is Florida, the state that trys to be punitive first under the ruse of public safety.
Romeo and Juliet cases:
The news reports that the victim must be -between 14 and 17-, however, that is not what AWA says, it says "at least 13 years old and the offender was not more than 4 years older."
Accordingly, the victim could be 35, and as long as the offender was not more than 4 years older, or 39, then that example complies with a strict reading of AWA (Sec. 111(5)(C) see below). It appears Florida has interpreted AWA differently!
To those who think I am crazy, read AWA, and although I am sure AWA was not intended to be interpreted that way, the way it is written, that is legal according to AWA. I can see a ton of cases ending up in court after they read this Op-Ed. I do suggest reading the exact words of Florida law, which I do not have, before jumping into court, and get a lawyer!
Obviously I have pointed out a loophole in AWA and there are many many more. A more reasonable reading would suggest, if the victim was any of the following "13, 14, 15, 16 or ?? (loophole)" and the offender was -plus 4 years older than the victim- or, "17, 18, 19, 20, or ?? (loophole)" then the offender is not a sex offender.
Juvenile Offenders:
Now, what I am about to point out is not a loophole, but instead a major misconstruction of AWA by Florida lawmakers.
"The intent of the federal law, according to state officials, was to add juveniles who use force or coercion while committing sex crimes to the state and national sex offender lists." The word "coercion" does not exist in AWA with respect to juvenile offenders!
According to AWA (Sec 111(8) see below) the juveniles offense is compared to a federal offense description found in Title 18 Sec. 2241 (see below).
Federal law says "force or threat, or threat of serious harm (see below)." Coercion does not enter that description, to include coercion opens a whole new world of offenders which AWA did not want included and that is clear in how AWA is worded.
For Florida lawmakers to include "coercion" when such is not required by AWA, and claim AWA requires it, well thats fodder for lawyers, I'll leave it to them.
eAdvocate
The Adam Walsh Act
Sec 111(5)(C) OFFENSES INVOLVING CONSENSUAL SEXUAL CONDUCT- An offense involving consensual sexual conduct is not a sex offense for the purposes of this title if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least 13 years old and the offender was not more than 4 years older than the victim.
Sec 111(8) CONVICTED AS INCLUDING CERTAIN JUVENILE ADJUDICATIONS- The term`convicted' or a variant thereof, used with respect to a sex offense, includes adjudicated delinquent as a juvenile for that offense, but only if the offender is 14 years of age or older at the time of the offense and the offense adjudicated was comparable to or more severe than aggravated sexual abuse (as described in section 2241 of title 18, United States Code), or was an attempt or conspiracy to commit such an offense.
Title 18 Sec 2241. Aggravated sexual abuse
(a) By Force or Threat.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General [1] knowingly causes another person to engage in a sexual act—
(1) by using force against that other person; or
(2) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.
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