Criminal Sexual Conduct Explained
Society have long struggled with finding effective ways to protect the public from sex offenders. A sex offender is a person who's been convicted of certain sex crimes, such as sexual assault or sexual conduct with a minor. Because of the seriousness of sex offenses, a number of factors come into play when it comes to sentencing and penalties for sex offenders at both the state and federal levels.
Most states have a long list of items that are considered sex offenses. Some of the included items are intuitive and others have been included to address particular problems. Most offenses involving criminal sexual conduct fall within the jurisdiction of state law, but federal law also includes a number of sexual offenses. The offenses are found in Title 18 of the United States Code. Some of the federal offenses specifically apply to sexual offenses committed within the territorial jurisdiction of the United States or in a federal prison. Other crimes involve offenders who cross state or international borders to commit, or in the commission, of a sexual offense.
Every year thousands of people are charged with Criminal Sexual Conduct. Some of these allegations have strong evidence and multiple witnesses, others are based on the simple statements of one individual. No matter what the evidence, being charged with Criminal Sexual Conduct is a very serious situation. Not only can it result in up to 25 years imprisonment and severe fines, but the additional consequences of a Criminal Sexual Conduct conviction can severely affect a person’s personal and professional life.
With any criminal offense, the nature, circumstances, and the parties involved control the seriousness of the sentences and penalties that may be imposed. The states vary widely in the length of sentence terms. As an example, incest is a class 4 felony in Colorado and punished by a 2 to 6 year prison sentence, but the same offense in Montana will be punished by a 100 year prison term.
Any sexual offense involving children or violence will have a harsh sentence. For instance, violations of the federal statutes involving sexual exploitation of children has a minimum sentence of 15 years. Charges of first degree rape or sexual assault will be punished by 15 years to life imprisonment, depending on the state and the circumstances of the crime.
States and the Federal government have both established sex offender registries. These are databases of information about convicted sex offenders. They require persons convicted of sex crimes to list themselves on the registry, failing to do so is considered a sex offense. The statutes establishing the registries also have compliance requirements about not living too close to schools and notifying officials when they move. Again, failure to abide by the registry requirements is a sex offense.
Sex offenses range from indecent exposure to possession of child pornography to sexual assault and rape. While our common-sense understanding of these crimes tells us that they're not all equal, many of the crimes carry registration requirements which can effectively destroy a person's ability to live a normal life. If you're being investigated for a sex crime, or you've already been charged, it's best to immediately contact an experienced criminal defense attorney near you.
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