Does A Second Degree Public Indecentcy Considered A Registered Sex Offender

Location:
SEX OFFENDERS;

OLR Research Report

CRIMES REQUIRING SEX OFFENDER REGISTRATION

By: James Orlando, Senior Legislative Chaser

ISSUE

This report identifies the (i) crimes that require sex offender registration and (2) required registration menses.

SUMMARY

Under Connecticut ' southward sex offender registration law, sure offenders must annals with the Department of Emergency Services and Public Protection for a specified catamenia post-obit their release into the community. The requirement applies to persons convicted, or acquitted by reason of mental disease or defect, of three categories of offenses. The categories, and the registration periods, are as follows:

1. criminal offenses against a victim who is a small: more often than not 10 years for a outset conviction or lifetime for a subsequent conviction;

2. nonviolent sexual offenses: generally x years for a beginning conviction or lifetime for a subsequent conviction; and

3. sexually violent offenses: lifetime.

The law as well gives courts the discretion to impose registration for ten years for a felony the court finds was committed for a sexual purpose ( CGS � 54-254 ). "Sexual purpose" means that the defendant ' s purpose in committing the felony was to appoint in sexual contact or sexual intercourse with another person without consent. This purpose need non be the sole purpose for committing the crime, and may arise at whatever time during the committee of the criminal offence ( CGS �� 54-250 ).

The crimes in the first three categories are listed in the tables below. The tables also indicate any exceptions to the general registration periods noted above.

For the kickoff iii categories, the registration requirement also applies to attempts, conspiracies, and criminal solicitations ( CGS �� 54-250 ). The requirement too applies to people convicted, or found not guilty by reason of mental disease or defect, in another jurisdiction of a crime that (1) is substantially similar to one in the outset iii categories or (2) requires registration as a sex activity offender in the other jurisdiction. The requirement applies until the person is released from the registration requirement in the other jurisdiction ( CGS � 54-253 ).

Specifically, an offender subject to these requirements must register his or her proper noun, identifying factors (including a photograph and fingerprints), criminal history record, residential accost, and email and instant message addresses and other like Cyberspace advice identifiers. For sexually violent offenses, the person must likewise register documentation of whatever treatment received for mental abnormality or personality disorder. Registrants must report various changes to their information (such as proper noun or address changes).

Failure to register as required, or to update information as required for five business days, is a form D felony, punishable by up to five years in prison, a fine of up to $5,000, or both ( CGS � � 54-251 through 54 -ii 54 ).

The registry is available to the public in a searchable online database.

CRIMES REQUIRING Sexual practice OFFENDER REGISTRATION

Table 1: Crimes Against Minors*

Run a risk of injury to a modest involving contact with the intimate parts of someone under age 16 ( CGS � 53-21(a)(two) )

Outset-degree sexual attack involving sexual intercourse with someone under age thirteen, by an actor more than than ii years older ( CGS � 53a-70(a)(ii) )

Note: This crime requires lifetime registration for a first conviction

Second-degree sexual assail involving sexual intercourse with:

● someone historic period thirteen to 15 if the histrion is more three years older;

● someone nether age xviii if the actor is the person's guardian;

● a student if the actor is a school employee and the student is enrolled in the school or district where the role player works;

● someone under age eighteen if the histrion is a double-decker or teacher (in a high schoolhouse or other setting); or

● someone under age 18 if the player is age 20 or older and stands in a position of power, authority, or supervision over the person by virtue of the actor's professional, legal, occupational, or volunteer status ( CGS � 53a-71 )

Notation: For someone under historic period 19 who commits this crime by having sexual intercourse with someone age 13 to fifteen who is three years younger than the offender, the court tin grant an exemption if information technology finds that registration is not required for public safety. The court must consider any information or statement provided past the victim.

Third-degree sexual assault involving sexual intercourse with someone the actor knows to be related to him or her inside specified degree of kinship ( CGS � 53a-72a(a)(two) )

First-degree promoting prostitution with someone nether age 18 ( CGS � 53a-86(a)(2) )

Enticing a minor (under historic period sixteen) through interactive reckoner use ( CGS � 53a-90a )

Employing or promoting a minor in an obscene performance ( CGS �� 53a-196a & 53a-196b )

Importing kid pornography or ane^st, ii^nd, or 3^rd caste possessing child pornography ( CGS �� 53a-196c through 53a -196f )

Starting time- or ii^nd degree kidnapping (with or without a firearm), 1^st or 2^nd caste unlawful restraint, or public indecency, when the courtroom finds that the victim is under age eighteen ( CGS � � 53a-92 , 53a-92a , 53a-94 , 53a-94a , 53a-95 , 53a-96 , and 53a-186 )

Note: see Table 3 for circumstances when 1^st caste kidnapping is deemed to be a sexually trigger-happy offense

Any predecessor statute with substantially the same essential elements of whatever of the above crimes

* See CGS �� 54-250 & 54-251 . The police force as well references a subdivision of the statute on 2^nd degree promoting prostitution (CGS � 53a-87 (a)(2)). However, PA 10-115 deleted that subdivision and reclassified equally 1^st degree promoting prostitution the conduct formerly covered by that subdivision.

Tabular array two: Nonviolent Sexual Offenses*

Fourth-degree sexual assault (involves subjecting someone to sexual contact in several situations, such as (1) without the person ' southward consent, (two) with a victim under historic period 15 if the role player is specified years older than the victim, or (3) with a victim who is physically helpless) ( CGS � 53a-73a )

Note: If someone commits this crime by subjecting another person to sexual contact without consent, the court tin can grant an exemption from the registration requirement if it finds that registration is non required for public safety. The court must consider any data or statement provided past the victim.

Voyeurism committed in specified ways for sexual gratification or arousal ( CGS � 53a-189a (2, 3, and 4) )

Annotation: The court can grant an exemption if it finds that registration is not required for public condom. The court must consider whatever information or argument provided by the victim.

* See CGS �� 54-250 & 54-251

Table 3: Sexually Trigger-happy Offenses*

Commencement-degree sexual assault, other than the portion covered under crimes against minors ( CGS � 53a-70 )

First-caste aggravated sexual assault ( CGS � 53a-70a )

Sexual assault in a spousal or cohabiting human relationship ( CGS � 53a-70b )

2nd-degree sexual assail, other than the portion covered under crimes against minors ( CGS � 53a-71 )

Third-caste sexual assault, other than the portion covered under crimes against minors ( CGS � 53a-72a )

Third-caste sexual assault with a firearm ( CGS � 53a-72b )

First-degree kidnapping (with or without a firearm) if the court finds that the crime was committed with the intent of sexually violating or abusing the victim ( CGS � � 53a-92 & 53a-92a )