§ 11-37-8.2.1. Penalty for first degree child molestation sexual assault — Jessica Lunsford Child
Predator Act of 2006.
(a) Title and Legislative Intent. The title of this section shall be "The Jessica Lunsford Child Predator Act of 2006.�
In enacting this section the general assembly intends that in order to ensure the
safety of victims the most dangerous child predators be electronically monitored via
an active global positioning system in order to ensure that their whereabouts can
be easily ascertained by law enforcement and other responsible authorities at all
times while providing treatment to offenders.
(b) Every person who shall violate the provisions of subdivisions 11-37-8.2.1(b)(1) — 11-37-8.2.1(b)(2) listed herein shall be electronically monitored via an active global positioning
system for life and, as a condition of parole and probation, and for the duration
of any period of his or her probation following his or her parole shall attend a sex
offender treatment program to address his or her criminally offensive behavior, as
determined by the department of probation and parole. The persons subject to this
condition of parole shall include:
(1) Persons who commit first degree child molestation sexual assault on or after January
1, 2007 and the victim of the sexual assault is twelve (12) years of age or younger;
or
(2) Persons who shall violate the conditions of § 11-37-8.1 on or after January 1, 2007 and be determined a high-risk of re-offense (level 3)
offender under the conditions of § 11-37.1-12, and the person is deemed a child predator as defined in subsection 11-37-8.2.1(g) or have committed the offense in conjunction with circumstances involving kidnapping,
torture or aggravated battery, and provided further that the victim to the offense
is fourteen (14) years of age or younger.
(3) Any person who violates the terms of the global position monitoring conditions shall
be guilty of a misdemeanor.
(c) Any costs associated with the requirements of this section shall be borne by the offender
and the court is hereby authorized and empowered to utilize all resources available
to collect the funds for these costs unless the court finds that the defendant is
indigent. In such cases costs shall be waived in order to promote this section's legislative
intent.
(d) Harboring.
(1) Any person who has reason to know that a person convicted of first degree child molestation
as defined by § 11-37-8.1 or 11-37-8.2.1 is not complying or has not complied with the requirements of this section where
applicable and who with the intent to assist the child molester in eluding a law enforcement
agency that is seeking to find the child molester to question the child molester about
or to arrest the child molester for his or her non-compliance with the requirements
of this section and who:
(i) knowingly withholds information from or willfully fails to notify the law enforcement
agency about the child molester's non-compliance with the requirements of this section;
or
(ii) harbors or attempts to harbor or assists another person in harboring or attempting
to harbor the child molester; or
(iii) knowingly conceals or attempts to conceal or assists another person in concealing
or attempting to conceal the child molester; or
(iv) provides information to the law enforcement agency regarding the child molester that
the person knows to be false information commits a felony and shall be subject to
imprisonment for a period of five (5) years. Nothing in this subsection shall be construed
as limiting the discretion of the judges to impose additional sanctions authorized
in sentencing.
(2) Any person who permits a child predator as defined by this section to reside with
them knowing that the child predator has failed to comply with the requirements of
subsection 11-37-8.2.1(b) commits a felony punishable by up to five (5) years imprisonment and/or a five thousand
dollar ($5,000) fine.
(e) Any person who intentionally tampers with damages or destroys any electronic monitoring
equipment required by this section pursuant to a court order or parole board order
unless such person is the owner of the equipment or an agent of the owner performing
ordinary maintenance and repairs commits a felony and shall be imprisoned for not
less than one nor more than five (5) years.
(f) The department of corrections, prior to the release from incarceration of any child
predator, shall ensure that the child predator's fingerprints are taken and forwarded
to the bureau of criminal identification (BCI) division within the department of attorney
general within forty-eight (48) hours after release from incarceration. The fingerprint
card shall be clearly marked "Child Predator Registration Card.�
(g) For the purposes of this section "child predator� shall be defined as any person convicted
of any violation of § 11-37-8.1, and who on a prior occasion has been convicted of a violation of § 11-37-8.1 or § 11-37-8.3.