Enacts "Jessica Lunsford act" relating to enhancing the class A-II felony of predatory sexual assault against a child

Summary of provisions

Section 1 provides that this act shall be known and may be cited as the "Jessica Lunsford Act".

Section 2 establishes a minimum sentence of 25 years for those convicted of the Class A-II felony of predatory sexual assault against a child.

Section 3 provides that the minimum period of imprisonment for a second felony offender convicted of the Class A-II felony of predatory sexual assault against a child shall have a minimum sentence of 25 years.

Section 4 amends section 130.96 of the Penal Law to expand the instances where a person can be found guilty of predatory sexual assault against a child.

Section 5 amends section 259-c of the Executive Law by adding a new subdivision 14-a to establish that when a person serving a sentence for predatory sexual assault against a child is released on parole or conditionally released, the board shall require, as a mandatory condition of such release, that such person submit to the use of an electronic monitoring or global position satellite tracking device monitoring by the board throughout the period of such release or such person's life, whichever shall terminate earlier.

Section 6 provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Justification

Beginning in the early 1990's, increasingly strict laws have been enacted to track, monitor, apprehend and punish sexual predators. In 1994, the Jacob Wetterling Act established requirements that sex offenders register their whereabouts with law enforcement agencies. Enacted in 1996, Megan's Law required public disclosure of registry information. Subsequent amendments to the Wetterling Act required states to post information about convicted sex offenders on the Internet. (Sex Offense Recidivism, Risk Assessment, & the Adam Walsh Act, Jill S. Levenson P.H.D., LCSW).

Despite having these laws in place, however, in 2005, Jessica Lunsford, who was only nine years old, was abducted, sexually assaulted multiple times, buried alive and murdered by a registered sex offender living in her neighborhood. Jessica's murderer, John Couey, had moved in with his sister who lived within sight of the Lunsford home, and failed to register at the new address. As a result of this tragic incident, Florida led the charge in enacting one of the toughest child molestation laws in the nation, which mandates a

minimum prison sentence of 25 years for anyone who is convicted of molesting a child less than 12 years of age.

Jessica Lunsford's horrific murder also received national attention, and in 2006, the Adam Walsh Child Protection and Safety Act, was enacted to enhance registration and notification requirements, expand the duration of registration time periods, and increase penalties for sex offenders who fail to register. 42 U.S.C. 16901 (2006). In the same year, New York State enacted "Jessica's Law Lite", which creates the class A-II felony crime of Predatory Sexual Assault Against a Child when a person over 18 years of age commits a class B violent felony sex offense (Rape in the first degree, Criminal Sexual Act in the first degree, Aggravated Sexual Abuse in the first degree, Course of Sexual Conduct Against a Child in the first degree) against a child less than 13 years of age. Under current law, the minimum prison sentence for these crimes is only 10 to 25 years.

Although these laws have made momentous changes in the area of child sexual abuse, the number of incidents is still staggering. According to a report administered by the United States Department of Health & Human Services, in 2012, 2,278 children in New York alone were sexually abused. (United States Dep't of Health & Human Services' Children's Bureau Report, pg. 54).

This bill would increase the mandatory minimum prison term to 25 years. It also includes additional instances where a person may be found guilty of predatory sexual assault against a child.

Recognizing that sex offenders may, and often are, dangerous when released from prison, this bill would require, as a mandatory condition of release, that the offender submit to the use of an electronic monitoring or global position satellite tracking device monitored by the board throughout the period of such release or such person's life, whichever shall terminate earlier, which will help to keep recidivism rates down and ultimately decrease the number of children who are sexually victimized.

Legislative history

New Bill

Fiscal implications

Undetermined.

Effective date

This act shall take effect immediately.