Florida Appellate Court Clarifies Sexual Predators Designation for Repeat Offenders
The 5th District Court of Appeals of Florida, last week, entered an order clarifying when one can be enhanced to Sexual Predator status for a “second sexual offense”.
The Defendant in the case challenged his designation as a Predator. He was arrested twice for the crime of procuring someone under the age of 18 for prostitution in April and September 2012 (two separate instances).
In order to be counted as a prior felony for the purpose of designating a defendant a sexual predator, “the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense and sentenced or adjudicated separately from any other felony conviction that is to be counted as a prior felony regardless of the date of offense of the prior felony.”
In other words; he would have had to have been CONVICTED of the first offense before commission of the second offense in order for the enhanced designation to apply. The defendant in this case wasn’t and the appellate course reversed the decision and ordered the trial court to remove the sexual predator designation.
Yay!!!! Push em back Way back!!
I am just an “offender” not predator, but I have to report 4 times a year because FDLE is say so. Wonder if this decision could work in my District to lessen the times I have to report. I know it is only twice a year instead of 4 times a year, but that is 2 times LESS that I would have contact with the police. Any less contact is best for all of us that have already completed our sentences!
I have to do this as well. It’s very annoying since I am a long haul truck driver and travel all over the country. But I have to hurry back 4 times a year to stay in compliance with their regulations 🙄
This case needs to go all the way to SCOTUS…Illinois has the same criteria that this article says was overturned in the Fifth Circuit. The Seventh has yet to rule on it. So a U.S. Mail sting in Florida had me coerced into pleading guilty to basically what amounts to journalistic curiosity. No predation was involved and no identifiable victims-yet I served an eight year prison term and came out to find myself portrayed online as a “sexual predator”, One step up from a “Tier one” offender when I returned to Illinois to live in the state in which I grew up. I never molested or preyed on anyone in my life, yet the pejorative appellation was placed on me as a “policy change” by state legislators. I have never been convicted of any crimes in Illinois.
After my son served his time he was constantly harassed by the police . They would arrive at very late hours,no less than two squad cars,and shine their red lights and loudly knock on the door Wanting to know if he was home! Wife and 2 children was scared to death and the neighbors awaken also,wanting to know whats going on?My son parked his truck in the back of the house. The police were walking around all over his property w/flashlights!This was a never ending thing. Finally this forced him to divorce his wife and find a place of his own.Left her (friendly terms)and the kids so they would not have to suffer all this harrassement. This is just part of the story. He has looked at porn,but Never bothered a child. I know he was wrong but some of these situations were definitely wrong !You can not contest these things,because the FEDS are untouchable!!! NEVER WRONG???? They really have too much power. Lots of changes need to be done! Hoping…G.B.
A couple words of advice from a long time designated sex offender:
1. Get a girlfriend or wife. Make sure she’s someone you trust unequivocably. Having a second person in your home makes you less of a target and provides a witness. Better yet, if she owns the property, she can exclude anyone she wants who is not carrying a warrant. No trespassing signs work great.
2. Live in the boonies. If you live in an inconvenient or distant area, agencies will not waste their resources on you. So you have to travel a little to get to work.
3. You can transfer to another county at any time in the state of Florida.
4. Get an education. Pick a trade and get good at it. The best. You’ll always have a job. You probably qualify for a pell grant or further “free” education. Talk to a student advisor and any local college. You might be surprised at what you can do. I’m a machinist and an engineer.
5. Start a business. Landscaping companies don’t need government contracts to make good money. I was VP of a small business for 15 years.
6. Stop doing those things that get you in trouble and get away from the people who take you there. That will also take law enforcement’s eye off of you to focus on others. Straighten up and exclude yourself from those who wish to sabotage your life. SOMETIMES YOU JUST HAVE TO LEAVE. Move away, but do it legally. Tell law enforcement after you’ve packed, 48 hours before leaving, and tell no one else you’re leaving. Do a little research on where in state you want to go. KFC will probably hire you. Target might as well. Mind your p’s and q’s.
I live in Port St Lucie the city. that you are guilty whatever they say and you must prove your innocence. In my case they had no case on me and knew it, so just before, in the middle of the night they rebooked me and charged me where is several more counts sex with a minor. The one count I was accused a minor didn’t know when it happened or where it happened and there was no dates on which this happened on the record of my charges. I am totally disabled and was denied my medications I was giving a three million dollar bail that made it impossible for me two get out and work on mycase with my lawyer without being recorded illegally what is being talked about with my lawyer I was sick and depressed and in a lot of pain so felt suicidal. They forced me two plead out the case for a 5-year probation and register for times a year not to mention the humiliation and Prejudice I go through. Right now I’m trying to find a lawyer to help on a malpractice suit against a surgeon that destroyed my neck haven’t been able to find one yet
Robert, I know what you are going thru. I went to work one day and 4 hours later my step-daughter had this epiphany that I had raped her (while I was disabled and on Workers Comp 4 months earlier) She could only name one instance specifically and that instance was refuted by a witness. The other 4 times was “I dont know, I dont remember, day or night, morning or evening. “it was a fantasy, like kissing a boy you like in school”……..(her words in deposition)
BEFORE the cops were called my exwife called a “Child social worker” (who she knew— who specializes in child rape victims) and he “talked to her for 3 hours” (prepped what to say) before the cops were called.
Step daughter NEVER went to any counseling sessions and ran away from home 6 months later with a 35 year old man.
Public Defender never looked at my case in 9 months and prosecution told me that “i couldnt pick & choose my attorney”.
18 months later, I was hauled into court and was told at that time I was NOW a sexual predator.
I know what you are saying
I am designated as a sexual predator because I had an offense in 1995 and 1998. There was a law stating that if your most recent offense was on or before October 1, 1998 and if you have no new offenses for at least 10 years you can petition to have the predator designation reduce to an offender status. In 2006 that rule was changed from 10 years to life. I’d like to know how and why this happened? Was this change part of something else or was it an individual change on it’s own? I have had 12 without issue and would really like to have this label removed.
Speak to your attorney – you may get relief under the statute in effect at the time of your conviction.