Statute of Limitations eliminated for CP Prosecutions and “Maya’s Law”
Effective July 1, 2022, the statute of limitations for the prosecution of certain sexual performance by child (F.S. s. 827.071) offense is eliminated. CS/SB 1244, that was signed into law, provides that “a prosecution for any offense under s. 827.071(2) or (3), if the offender was 18 years of age or older at the time of the offense, may be commenced at any time.”
Another bill, SB 898, also referred to as Maya’s Law, was signed into law yesterday by Governor DeSantis. The new law will require that apartment complex workers will need to pass a criminal background check to screen out anyone with a history of a sex offense.
So what does this mean exactly, I just don’t understand that. i was charged as a minor September 28th 1993 and what gets me is I was told that any sex offence on or after October 1st of 1993 would require the offender to register with FDLE.
So, a rhetorical question. If a registrant is the apartment manager at a registrant oasis apartment complex/motel, does that mean he can’t hold that job? I’d like to know what jobs the state would let me have, besides sorting dirty hospital linens.
The new law says owners or landlords have to do background checks on their employees; however, the law does not say the owners/landlords/managers can’t employ people with marks on their records. So people can work doing maintenance, etc., but a background check has to be done. It’s essentially making it more difficult for property owners and people trying to work. More stumbling blocks for people. For a state that touts less government intervention and smaller government, it sure feels like all these lawmakers want to do is participate more in miniscule details of our lives.
Thank you. The hypocrisy of the less government folks is jarring. I wish that there was a better way to confront and expose the hypocrisy for what it is. Until something better comes along, truth and serenity.
Not sure where to post this, FAC. Do as you will. Just wanted to share so others may learn. This could be an opportunity to reach out to Mr. Kelly and let him know about our cause.
R. Kelly sentenced to 30 years in prison following sex trafficking conviction
https://www.foxnews.com/entertainment/r-kelly-sentenced-prison
the issue with removing of statute of limitations is you also remove of common logic.. Everyone agrees certain crimes are heinous. But what is more heinous than the accused crime? Sentencing someone for a heinous crime they never commited.Statute of limitations is in place because after a period of time evidence, memory, and recollection of events fades, is destroyed, is muddy, and is confused.The science and psychology is very sound on the matter. Every single person alive alters what they remember and what the past was through the lens of perception. The past we remember never is actually the past that was. the further in the past the event was the further from reality the recollection actually is. When you remove statute of limitations you remove the protection from false convictions of altered memory.
Yes, all this. And if you think about the amount of sexual related texts and media going around amongst teens and even younger children, the likelihood that these people become adults and inevitably, incidentally, and accidentally retain possession of the digital media beyond their turning 18 is extremely high. It is also quite possible these images accidentally make their way onto P2P software where it becomes criminal evidence against the original person who was under 18 when they obtained the image (it could be of themself) but is now over 18 and anyone who accidentally obtains it through P2P. The potential criminalization of behavior of children and teens participating in benign behavior at the time of behavior took place (most teen sexting incidents have finally been treated differently than other CP cases) who then become adults opens a huge opportunity to criminalize a frighteningly large amount of people and thus get them on the registry.
Basically, kids do dumb things. Those same dumb kids become adults and don’t always remember every digital image they have on the many pieces of technology they have had throughout their childhood which means they “possess” CP beyond 18 years old. They can easily “share” or “distribute” the media without even knowing it thru P2P. The law has now turned non-abusive kids into criminal sex offenders who will now be abused by the legal system and the registry.
Again I bring up the fact that a lot of our parents ,grandma parents etc. Took pics of us as children weather it be getting a death in the sink as babysitting or in the pool or in the yard that in some minds would be considered cp to someone. what about the add for suntan lotion that has the little girl with her bottoms being pulled down showing a white bottom and tan back ? So with no statue of limitations great grandparents can be arrested for 50 or 60 years old pictures. That were taken as “cute” or funny , with no sexual thought or desire when the pic was snapped . it just shows the evil in our persecutors mi ds. Looking for something devient or sexual in every action
It’s unlikely that the new law will be used in that way. It’s possible, but hopefully unlikely. We will have to wait and see. These images are usually found when shared online, not when they are in an old album somewhere.
To true , however with more people diving into the modern computer age more and more people are taking those old photographs and digitizing them and storing them on their computers so they won’t be lost or destroyed. So it is possible for them to be put out there weather its sent out intentionally or if theyre comutor is hacked. I’ll bet even money it won’t matter if the sex police even get a whiff of a hint they will be investigating ma and pa kettle looking for something to arrest them on and make a big headline. Wish it wasn’t so, but guilty until proven innocent – then still stigmatized is the new motto
Fyi, the feds do arrest and convict people for distribution and possession of cp when sharing pics via Facebook or other social media of their own kids skinny dipping or other such activity. They use the commerce clause as a basis to make it a federal crime since it occurs via the internet.
As to clarify, here are the bills mentioned:
SB 898 aka “Miya’s Law”
http://laws.flrules.org/2022/222
SB 1244
http://laws.flrules.org/2022/170
A quick read of the CP law
https://www.flsenate.gov/Laws/Statutes/2021/0827.071
reveals that only paragraphs (2) & (3) have had the statute of limitations removed.
(2) A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child less than 18 years of age to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person is guilty of promoting a sexual performance by a child when, knowing the character and content thereof, he or she produces, directs, or promotes any performance which includes sexual conduct by a child less than 18 years of age. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Paragraphs (4) “possess with the intent to promote” & (5) “knowingly possess” remain under the current scheme as per s.775.15
https://www.flsenate.gov/Laws/Statutes/2021/0775.15
(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:
(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.
(b) A prosecution for any other felony must be commenced within 3 years after it is committed.
(c) A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.
(d) A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed.
Be sure to read through all of 775.15 since there are many other sex offenses besides 827.071 listed.