Internet Crimes and Punishments in California
Internet sex offenses encompass several kinds of sexually motivated crimes in California; each with differing punishments (if convicted) and possible registration as a sex offender.
January 06, 2010 /24-7PressRelease/ -- Internet Crimes and Punishments in California
Article provided by Law Offices of Kerry L. Armstrong, APLC
Visit us at www.klacriminaldefense.com
There is no standard definition of what constitutes an "Internet sex crime." Several kinds of sexually motivated crimes occur over the Internet which fall into this general category. Such crimes include:
-Sexual exploitation of a child: punishable by a fine up to $10,000.00 and/or up to three years in prison
-Possession, manufacture, distribution, or viewing child pornography: generally punishable as a felony by a fine up to $10,000.00 and/or up to three years in prison. The punishment increases if one is a repeat offender or a registered sex offender
-Online enticement: punishable by fine and/or up to four years in prison
In addition to the punishments outlined above, a conviction of some of these crimes may also result in an obligation to pay a restitution fine totaling up to $10,000.00. Most Internet sex offense criminal convictions require the wrongdoer to register as a sexual offender with local law enforcement. Additionally, crimes that don't automatically require registration may ultimately require it at the discretion of a judge, if the crimes are sexually motivated.
Sex Offender Registry Requirements
Sex offenders living in California are required to register their address with local law enforcement agencies. Even if the offense that the offender committed is not listed under the California Penal Code's statute on sex offender registration, a defendant may be required to register if the crime was sexually motivated. The requirement to register may, and usually will, impose a lifelong obligation. All offenders must update their registration annually; more often if the offender has moved, is homeless, has committed another crime, enrolls at a college, or has committed certain kinds of offenses. Juveniles convicted of certain offenses and are sent to the Division of Juvenile Justice (formerly known as the California Youth Authority) are also required to register as sex offenders, as are most offenders who were convicted out of state but are living in California.
The California Department of Justice's "Megan's Law" website provides the public with information on the locations of more than 63,000 registered sex offenders living in California. This number represents roughly 75 percent of California's sex offenders, as 25 percent do not have their information posted on the site, due to the nature of their crime. The 75 percent whose information appears on the site may have their full address, conviction information, physical description, picture and/or other information posted. What information is ultimately posted is determined by the criminal law regarding each particular offense. If an offender is suspected of posing a risk to the public, local law-enforcement agencies may be required to inform their communities about the presence of the offender in their area.
Severe penalties are imposed for failure to comply with registration requirements. Violating the registration requirements is considered a felony if the underlying charge was also a felony. A minimum sentence of 90 days in jail is mandated upon a first-offense of failing to register as a sex offender.
Residency Restrictions and Other Impacts
Sex offenders living in California are subject to residency restrictions that are contingent upon the kind of offense and in what part of the state the offender lives. Under "Jessica's Law," registered offenders are not allowed to live within 2,000 feet of schools, parks, churches, daycare facilities, and many other places frequented by children. Additionally, parolees may not live within 35 miles of a victim or a witness. Some cities have adopted local "banishment" ordinances for all registered offenders in their area. Other restrictions may apply to certain offenders as well.
Residency requirements can be quite challenging to navigate. A recent study published by the journal Criminal Justice Studies indicates that residency requirements often force offenders to live problematically far from employment opportunities, support systems, family, social services, and public transit. The study also indicated that those subject to such requirements reported increased levels of homelessness, financial and emotional hardship, and decreased housing availability.
Additional consequences associated with sex offense convictions may include reporting requirements on employment and schooling applications, limited or prohibited access to certain social networking sites such as MySpace, and restricted employment opportunities. For example, offenders whose crime was against a victim under age 16 are prohibited from working directly with minors in an unaccompanied or supervisory setting as either en employee or volunteer.
Consult with an Attorney
If you have been convicted of an Internet sex crime or have any questions on the subject, it is important to contact an experienced attorney. Internet sex crimes, residency restrictions and registration requirements can be difficult to navigate. An criminal defense attorney can guide you through the law and advise you on your particular situation or question.
Article provided by Law Offices of Kerry L. Armstrong, APLC
Visit us at www.klacriminaldefense.com
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