David Allyn Dokich - Serial Child Rapist / High Risk Sex Offender

Monday, October 17, 2005

California's "Jessica's Law" before and after breakdown

The following shows the current law and the law proposed in the Sexual Predator Punishment and Control Act of 2006, also known as "Jessica's Law".

Current Law
Proposed Law
Sexual Predator Punishment

Sexual assault punishment statutes fail to include the full range of crimes committed by sexual predators.

Sexual assault punishment statutes fail to provide adequate punishment for many sexual predators.

Expands and strengthens our basic sexual assault punishment statutes, including those for “One Strike” Sex Crimes, “Habitual Sex Offenders,” and “Aggravated Sexual Assault of a Child.”

Adds a broad range of forcible sex crimes and child molest crimes to these statutes.

Increases the penalty to life imprisonment for kidnapping for the purpose of child molestation and for assault with the intent to commit sex crimes during a residential burglary.

Expands the requirement for mandatory prison sentences and mandatory consecutive sentences for sex crimes.

Increase Parole Terms
Provides for parole terms from 3-5 years for various sex offenses. Provides for parole terms of up to 10 years for the most heinous sex offenses.
“Sexually Violent Predators”

Requires two offenses and two victims before a predator can be classified as“sexually violent.”

“Sexually Violent Predators (SVP’s)” may be civilly committed to a state hospital for a two year term. District Attorneys may file a new petition every two years demonstrating the offender is still a danger.

SVP’s may run their parole time out while civilly committed, leaving no parole jurisdiction upon release.

Allows for an offender to be evaluated as a sexually violent predator after one crime, rather than waiting for a second victim.

Allows for indefinite commitment to a state hospital (like other states with an SVP program) until the SVP can prove to a court they no longer fit the criteria.

Requires SVP's parole period to toll while in the state hospital so they still have to serve their parole time after discharge.

Predator-Free Zone
Prohibits some offenders convicted of lewd and lascivious conduct against a child from living within one-quarter mile (1320 ft.) of a school, for the duration of their parole.

Prohibits all registered sex offenders from living within 2000 ft. of a school or park, for the duration of their registration.

Allows local governments to include additional sites they deem appropriate, such as children’s museums or water parks.

GPS Tracking
Permits the state to use GPS tracking as a condition of parole for convicted sex offenders.

Requires registered sex offenders released on parole to be placed on a GPS tracking system for life.

Requires offenders to pay for their own GPS equipment, if they are financially able.

Child Pornography
Possession of child pornography is a misdemeanor.

Possession of child pornography is a wobbler (alternate misdemeanor/felony).

Possession of child pornography is a felony if the offender has a prior conviction of any sex offense, including a prior for possession of child pornography.

Internet Luring
Current law is incomplete in addressing this problem because it waits for direct harm to occur before criminal penalties can be attached. Specifically prohibits any contact or communication with a minor for the purpose of engaging in sexual conduct or abuse.
“Date Rape” Drug Use
Imposes an additional three-year prison term for persons who force the use of specified controlled substances in the commission of a felony. Imposes an additional five-year prison term for persons who use specified controlled substances (i.e. date rape drugs) in the commission of specified sexual crimes, such as rape.
“Good-Time Credits” for Sex Offenders
Allows sex offenders to reduce their prison terms through the use of “good-time credits.” Eliminates the use of “good-time credits” for habitual sex offenders.

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