Sex Offender Bill Aims to Limit Communication Without Parental Consent
Aug 18, 2008 by Jeff Robinson
(KCPW News) A bill that aims to protect children from sex offenders will be discussed by Utah lawmakers this week. Representative Richard Greenwood's bill would require registered sex offenders to get written permission from a child's parent before accompanying them anywhere, if the child is under 14 years old and the offender had committed a crime against a child of the same age. Greenwood says the bill comes from a case in Sanpete County, where a few offenders have tried to hang out with random children and law enforcement officers didn't have any legal way to stop them."The sheriff says he identified the individuals that have done this, but there's absolutely nothing that he can do about it. He's quite confident because of his experience and what he has seen down in his county that these two individuals were trying to pick up these young ladies for no good," said Greenwood.
The bill makes it a Class A Misdemeanor for the sex offender to accompany a child under 14 without the parents' written permission. It also explicitly states that sex offenders can't defend themselves against it by claiming they did not know the child's age.
Greenwood says the Attorney General's office was concerned that child kidnappers would be able to use this bill to reduce a felony charge to a misdemeanor charge. But he says the bill won't allow for that to happen.
"There are provisions in there that if it does cross the line, and the individuals kidnaps a child, that this law would not apply, that they could not plea bargain, that the offense of kidnapping would be the offense that would be charged," said the legislator.
Greenwood's bill was passed by the House of Representatives this legislative session, but ran out of time when the session ended. It will be discussed by the Law Enforcement and Criminal Justice Committee on Wednesday.
Email to a friendPosted in KCPW Newsroom. Copyright 2008 KCPW
1. Avendora said:
As a registered sex offender, I find this bill very interesting. Although not wholy against it (it does have some merits), the logistical side of things would be a nightmare for everyone involved. Especially the Law Enforcement/ DA Office that would have to do all of the Filing associated with who has permission with who's children.
I find it interesting that Congresspeople get on a decent idea, but fail to think it all of the way through.
3. Thor said:
Jeff,
All first-time sex offenders ARE on the registry in Utah. Every sex offense in Utah is now registered for at least 10 yrs after probation. The rest are for a lifetime.
As a side note, sex-offender punishments have become needless harsh in many instances. This overly politicized issue has created mobs of ignorant blood lusters who are always looking for the nearest rope and tree for every offender without knowing the facts.
Too many of these laws are overly broad, overly punitive, unnecessarily prolonged, and uncorrelated with any rational theory of sound justice.
Some cases truly are severe while others are not and should not be treated as such.
4. Doe said:
This law is just as egerous as the law requiring passwords and e-mails. These overly broad laws have to stop; how can they even say that these laws are not additional punishment after the fact?
Just because someone once committed a crime does not mean they will recommit another - yes some do, but not all do. How can the law enforcement officer say for sure, that these people were going to commit another crime? Fact is he can't say, or even contemplate the probability. In fact, sex offenders have the lowest re-offense rate of any criminal.
Plus, what if I have to kick up my son and daughter from practice, and thier friends parent gives me permission to take thier child home by phone, instead of leaving the child alone after pratice? What if I get pulled over for a broken headlight? Then I'll be hauled off to jail, hand-cuffed in front of my own children, and then go to jail for up to a year? All because I went to jail 8 years ago for having a young, yet illegal, relationship with my children's mother?
How can these people sleep at night, passing these laws that will greatly affect the majority of the low risk sex offenders? Why not make this law applicable for anyone who commited a crime with a minor under 14, why everyone?
2. Jeff said:
The only problem with this bill, is most people (90 to 95%) who commit sex offenses have not committed a sex offense before. Therefore, they will not be on the registry, and won't have to get permission to be aroundthe children. I firmly believe it is up to the parents, not the government to watch over our children.