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50A - ORDINANCE - SEX OFFENDERS
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05/21/2012
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50A - ORDINANCE - SEX OFFENDERS
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5/17/2012 1:48:22 PM
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5/17/2012 1:44:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
50A
Date
5/21/2012
Destruction Year
2017
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<br /> <br /> <br /> <br /> <br /> oral copulation, lewd acts upon a child, and sexual penetration, subdivision 1 or 2 of Section <br /> 314, indecent exposure, any offense involving lewd or lascivious conduct under Section 272, <br /> contributing to a delinquency of a minor, or any felony violation of Section 288.2. sending <br /> harmful material to a minor with sexual intent; any statutory predecessor that includes all <br /> elements of one of the above-mentioned offenses; or any person who since that date has been <br /> or is hereafter convicted of the attempt or conspiracy to commit any of the above- mentioned <br /> offense. <br /> As to the issues of statutory rape cases, Penal Code 2615, 290 and 290.006, do not require <br /> registration for the offense. Penal Code 261.5 prohibits sexual intercourse with persons under <br /> 18 years old. (Penal Code § 261.5(a).) In general, the penalties for violating the statute vary <br /> depending upon whether there is an age difference of more than two years, more than three <br /> years, or whether the perpetrator is over age 21 and the victim is under age 16. (Penal Code § <br /> 261.5.) None of the offenses carries mandatory registration. <br /> Penal Code 290.006 gives the court discretion to impose registration in any offense where the <br /> person committed the offense as a result of "sexual compulsion or for purposes of sexual <br /> gratification." This statute provides a good mechanism to distinguish between young offenders <br /> who may be sexual predators and/or dangerous and young offenders who fall into the facts as <br /> described above. The offenders described above are not likely to be required to register. <br /> On the other hand, some individuals who violate Penal Code 261.5 - even at a young age - <br /> were identified and found to be sexual predators and/or dangerous by the court. If those are the <br /> facts, then it would not be wise to exclude all registrants who violate Penal Code 261.5 from the <br /> proposed park-restriction law. <br /> Another statute pertaining to unlawful sex with minors is Penal Code section 288. Among other <br /> things, that section punishes those who sexually molest a child under 14, or molest a child who <br /> is 14 or 15 years old where the perpetrator is more than 10 years older than the child. (Penal <br /> Code §288(c)(1).) Individuals who violate Penal Code 288 are required to register under Penal <br /> Code section 290 should not be excluded from the proposed park-restriction statute. <br /> Obviously, there is no requirement for registration for urinating in public, usually municipal code <br /> violations- <br /> The OCDA consulted its prosecutors in the Sexual Assault Unit, including the supervisor of the <br /> Unit, Assistant District Attorney Rosanne Froeberg. They all strenuously advised against <br /> narrowing the application of the ordinance, stating that law enforcement cannot classify 290 <br /> registrants based upon the particular type of sex offense they commit and predict the type of <br /> future sex offense based upon past sex offenses. Just because a 290 registrant's prior sex <br /> offense did not Involve a child does not mean his/her future offenses will not involve children. <br /> SEX OFFENDERS VIOLATE AGAINST BOTH ADULTS AND CHILDREN <br /> A case in point is one of Orange County's most notorious and dangerous serial killers, Rodney <br /> Alcala. Alcala's first known victim was an adult female. He sexually assaulted her in an alley <br /> while he was serving in the U.S. Army. His future victims included both children and adults. In <br /> 1968, he violently kidnapped and brutally sexually assaulted an 8-year-ofd girl he had never <br /> met. In 1971 and 1977, he brutally sexually assaulted and murdered two women in New York, <br /> both 23 years old. After returning to California, he raped, sodomized and murdered 18-year-old <br /> Jill Barcomb by smashing her face with a rock and strangling her in November 1977. In <br /> December 1977, Alcala raped, sodomized and murdered 27-year-old Georgia Wixted by beating <br /> 10 <br /> 5OA-26 <br />
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