50A - ORDINANCE - SEX OFFENDERS - Laserfiche WebLink

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contributing to a delinquency of a minor, or any felony violation of Section 288.2, sending harmful material to a minor with sexual intent; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above- mentioned offense. As to the issues of statutory rape cases, Penal Code 261.5, 290 and 290.006, do not require registration for the offense. Penal Code 261.5 prohibits sexual intercourse with persons under 18 years old. (Penal Code § 261.5(a).) In general, the penalties for violating the statute vary depending upon whether there is an age difference of more than two years, more than three years, or whether the perpetrator is over age 21 and the victim is under age 16_ (Penal Code § 261-5.) None of the offenses carries mandatory registration- Penal Code 290.006 gives the court discretion to impose registration in any offense whore the person committed the offense as a result of "sexual compulsion or for purposes of sexual gratification." This statute provides a good mechanism to distinguish between young offenders who may be sexual predators and/or dangerous and young offenders who fall into the facts as described above. The offenders described above are not likely to be required to register. On the other hand, some individuals who violate Penal Code 261.5 - even at a young age - were identified and found to be sexual predators and/or dangerous by the court. If those are the facts, then it would not be wise to exclude all registrants who violate Penal Code 261.5 from the proposed park-restriction law. Another statute pertaining to unlawful sex with minors is Penal Code section 288. Among other things, that section punishes those who sexually molest a child under 14, or molest a child who is 14 or 15 years old where the perpetrator is more than 10 years older than the child. (Penal Code §288(c)(1).) Individuals who violate Penal Code 288 are required to register under Penal Code section 290 should not be excluded from the proposed park-restriction statute. Obviously, there is no requirement for registration for urinating in public, usually municipal code violations. The OCDA consulted its prosecutors in the Sexual Assault Unit, including the supervisor of the Unit, Assistant District Attorney Rosanne Froeberg. They all strenuously advised against narrowing the application of the ordinance stating that law enforcement cannot classify 290 registrants based upon the particular type of sex offense they commit and predict the type of future sex offense based upon past sex offenses. Just because a 290 registrant's prior sex offense did not involve a child does not mean his future offenses will not involve children. SEX OFFENDERS VIOLATE AGAINST BOTH ADULTS AND CHILDREN A case in point is one of Orange County's most notorious and dangerous serial killers, Rodney Alcala. Alcala's first known victim was an adult female. He sexually assaulted her in an alley while he was serving in the U.S. Army. His future victims included both children and adults. In 1968, he violently kidnapped and brutally sexually assaulted an B-year-old girl he had never met. In 1971 and 1977, he brutally sexually assaulted and murdered two women in New York, both 23 years old. After returning to California, he raped, sodomized and murdered 18-year-old Jill Barcomb by smashing her face with a rock and strangling her in November 1977. In December 1977, Alcala raped, sodomized and murdered 27-year-old Georgia Wixted by beating her face with a claw hammer and strangling her. In June 1979, Alcala raped and murdered 33- 5OA-11