Should Jalen Kitna Have Been Required To Register as a Sex Offender?
Most people know by now that the attorneys for the University of Florida’s backup quarterback Jalen Kitna cut a deal with the state attorney’s office so that there was no prison time (only 6 months of probation for each of the two second-degree misdemeanor counts of disorderly conduct, possibly being released from the second set of probation if he follows the terms of the plea agreement). But the most important break that the prosecutor gave Kitna was that he does NOT have to register as a sex offender.
NPR WUFT in Gainesville, Florida, looked at more than 1,000 cases finding “…there have been seven others in Alachua County since 1996 charged with exactly five counts of possession or distribution of CP – just like Kitna – but only two of the seven had otherwise clean records before they were swept up in the legal system.”
One received a two-year prison sentence with four years of sex offender probation and was required to register as a sex offender. The other person was sentenced to four years in prison and required to register as a sex offender.
Gainesville, Florida, ABC TV 20 interviewed the state attorney’s office for an explanation of why Kitna was not sent to prison or placed on the sex offender registry.
Unlike most people charged with CP who have to rely on a public defense attorney who is grossly overworked, Kitna had a family that could provide two defense attorneys: one from Gainesville and one from Jacksonville.
In the New York Times 2019 article, “The Internet Is Overrun with Images of Child Sexual Abuse. What Went Wrong?” (paywall) by Michael H. Keller and Gabriel J. X. Dance, CP was found to be not doubling or tripling but growing exponentially.
The New York Times article stated: In 2018, “tech companies reported over 45 million online photos and videos of children being sexually abused – more than double what they found the previous year. Twenty years ago, the online images were a problem; 10 years ago, an epidemic. Now, the crisis is at a breaking point.” Conclusion: What we are doing is not working.
Do we feel that a harsher sentence would better serve the cause of justice? Some of our FAC members have stated at our website that they felt the sentence should have been harsher. Or would justice be served by seeing more such plea deals, rather than fewer, if defendants pose a low risk to re-offend?
The sexual recidivism rate also needs to be considered in making research-based policies: The U.S. Sentencing Commission’s Report: Federal Sentencing of Child Pornography Offenses, June 29, 2021 found that “recidivism events by non-production CP offenders released or placed on probation in 2015, after a three-years follow-up period was 4.3%…the lowest recidivism rate for all criminal offenses.”
The United States is leaning toward harsher and harsher sentences as we live in a country where punishment is often considered the only way to change one’s bad behavior, unlike Canada and Europe that place a greater emphasis on prevention and rehabilitation.
Regardless of how one feels about Kitna’s sentence, one thing we can agree upon is that requiring people to register as a sex offender is doing nothing to make society safer — a statement backed up by research.
The player, the lawyer, the prosecutor and the judge all went to UF that why it’s really hard not to be bias. Rules for thee but not for me. I see this as nothing but two set of legal systems, one for the rich and one for the 99% of us. Somehow he gets a second degree felony drop to a couple of bullshit 2nd degree misdemeanor with the chance to be off in six months mean while https://reason.com/2017/04/14/florida-man-gets-100-years-for-possessin/ this guy was 6 years older and didn’t play football and look at his deal. Silver spoon and a silver get out of jail free card must be nice to have a competent lawyer unlike the last in class public defender most get stuck with.
@Eugene
Meanwhile, many of us like myself were not only put on the registry retroactively, but for life. Registry didn’t even exist when I was sentenced.
Yes, I imagine that is beyond frustration that their afforded the opportunity not to be on the registry while you were put on after the fact. I do hope they grant you your release from the registry soon
Since I’m on the hit list for only one federal count of possessing CP, everyone else should be too. This case just proves there is no such thing as equal justice.
So they say cp has grown to a breaking point on the internet ? Meanwhile the Grady fudds are spending they’re time and money on bait and switch games to entrap guys looking for adults on adult web sites oh and sending goon squads to do driver’s license and residency checks not to ask the question of how much of the cp is posted by the Grady fudds to use to ensnare more people and how much of that have they lost control of they should be arrested for every piece that they post
I was teaching at a university when I answered an ad on Craigslist. Turns out that it was a police sting. I got twenty-two months in a DOC hotel, ten years probation, and a lifetime registry for no victim. I’m glad that that the guy escaped my fate, but yea it hurts. I hope that he learns from it.
Must have been nice to have an opportunity to pleade your way out of the registry. I took a plea, except the registry didn’t exist at the time. So I had no choice.
So yeah it burns me a little when I hear this kind of thing.
@Pariah
Same. I did not learn of a registry until 6 years after my offense, when I was being released. First two things I had to do upon release was visit the probation department, then go down to the Sheriff’s department and register.
Having said that, when I first registered, it was a 2 hour interrogation. Now I go in, get a photo taken, answer a few questions and am in and out in 10 minutes. (Two different counties as I moved away from the one that treated you like you had just slaughtered 50 people)
I thought the whole point and basic of Florida Action Committee, ACSOL, NARSOL, etc., was that NO one should have to register as a sex offender.
Therefore, to answer the question in the title of this article, I say no… he should not have been required to register as a sex offender.
Mig; Well said. Thank you 😊
No one should be on the registry. That said, I am curious because my son was adjudication with-held and the judge in the case wanted to keep him from the registry and actually apologized to him but said he did not have the power to keep him off because it was automatic state law?
Karen, the reason the judge could not keep your son off the registry is that registration is not part of a criminal sentence. If you read the statute under which your son was convicted, the punishment section will specify incarceration and perhaps fines. A judge has great discretion over these things and even, as in your son’s case, to withhold adjudication.
Registration requirements are defined in separate statutes. Your state has apparently listed your son’s crime as one requiring registration. After a conviction, the judge has no say in that matter. Registries serve no tangible positive purpose and should be abolished. Until then , we all must live with them. I’m sorry that your son will be burdened with the effects of registration, likely for some time. I just hope you live in one of the less draconian states.
Old Karen
I too am 50/50 on this. On the one hand we should be happy someone didn’t have to register. On the other hand, 33 years later I am still on a registry that did not exist when my offense occurred, nor when arrested, nor when I was sentenced and not until the same month I got released did it go into effect. So if they is no way to avoid the registry or get off it, why can someone with money do so? And how come other celebs did not avoid it?
Did my release somehow trigger the start of a registry? Sure seems like it as it was perfect timing, said nobody.
@Eugene
Thank you
I might have to sell a kidney to get the money together. LOL
The Alligator weighs in
https://www.alligator.org/article/2023/07/kitna-follow
I disagree with the women who called Kitna’s case second only to Epstein’s for a travesty of justice. I’m not sure that one can even compare the two. But that appears to be a common perception,to believe that different sex crimes are all the same.
I hate to be one with the “crabs in a bucket” mentality, but yes. why? I had the same charge and I cannot move on. Why does this guy get to resume his life – free of marginalization, daily stress/anxiety and hate – when I cannot?
I do NOT care if this guy is still “young” and a “good “Christian” with his “whole life ahead of him.”
AGREED, Facts Should Matter. My prior post points out that there is no such thing as equal justice under the law in Florida courts or the Federal courts. My CP case was in Federal Court, a completely different jurisdiction than every Florida court. Yet here I am, a PFR in Florida because it’s the only state where I had a much needed support system out of prison. I could’ve gone to other states that have less registry problems, but here I am…virtually unemployment and totally reliant on friends and family for help. Call me a crab. Call me anything you want. Just don’t call me silent on the inequities in our legal systems. Note, they are NOT justice systems.
I’m happy that he doesn’t have to be on the registry because I wouldn’t wish it on anyone (well maybe Ron Book). The optimist in me hopes that this is the beginning of a trend of more appropriate sentencing based on severity of crime and criminal history. Let’s not forget this all took place as a state case in Gainesville, who recently rolled back their residency requirements.
I recall when his arrest was first reported, he was quoted as saying something to the effect that he thought that since the images were online, they were not illegal. Assuming that he is not the only person to hold this rather naive opinion, I’m sure there will be plenty of opportunities for the state of Florida to put more naive young people on the registry. Maybe as part of his penance, Mr. Kitna could record a public service announcement to warn kids about the legal dangers of downloading such images.
I have read the comments here and I understand that “crabs in the bucket” way of thinking that some have… “hey! If I have to register then so should this guy”. Well, I have to register, but I don’t want anyone else to register. Am I envious of Jalen Kitna and the deal he got? You bet. Do I wish I had his deal? Of course. Do I wish that Jalen Kitna did NOT get the deal he got? Not at all! I was very happy when I heard about the deal he got, and I hope that the next guy gets the same deal, and the next guy, and the next guy, etc. I hope everyone from this day forward gets that same deal. Of course, I know they won’t. But… perhaps Jalen Kitna getting this deal gives a little bit of ammo/argument for that next guy, and the next, and the next, etc., to get a similar deal.
I wish everyone here would look at this guy’s deal as a victory rather than a slap in the face. Outsiders (i.e. non-registered persons) might read all the comments here and come to the conclusion that even registered persons themselves think that some people should be on the registries. Well, I for one do NOT think that anyone should ever have to be on the registry. That goes for myself, Jalen Kitna, you, and everyone else forced to register. Perhaps we need to look at Jalen Kitna in a positive way rather than an envious way. Even when a dam bursts, it always starts with a small trickle of a leak, then those trickles get larger and larger… you get the picture.
My only concern with Jalen Kitna’s deal is that he does not end up re-offending. If he does, then that would fuel those that think that the registry is necessary.
So, as a registered person, ask yourself this… “Am I really unhappy that someone is NOT on the registry?”
Besides Kitna’s attorney from Gainesville, Florida, he also had Hank Coxe from Jacksonville, Florida, representing him. I have to wonder what kind of plea deal the rest of us would have received if we had had the money to hire both of these attorneys.
Hank Coxe’s credentials: https://www.bedellfirm.com/attorney/henry-m-coxe-iii/
@Education
EXACTLY! I was run out of money and had to take a guilty plea. Only 3 out of the 10 charges did I actually do. Once the money ran out from bonding out and the lawyers fees, I was never offered a public defender. I plead for mercy but was given a 30 year sentence. When I did 10 of it, I went on a 3rd appeal and finally won but was still on registry for life.
Same reason Ron Book and Matt Gaetz’ D.U.I. charges magically went away. It’s not what you did, it’s who you KNOW.
[Moderator’s note: Ron Book pled to a lesser charge, a common practice with which many FAC members are familiar. Matt Gaetz was not charged].