Choice and Consequence

prod.admin1.halifax.atex.cniweb.net

Choice and Consequence

Choice

and

Consequence

Sponsored By

The Emerald Coast Children’s

Advocacy Center, Inc.


Seminar Agenda

•CAC Information/Update

• Initial Responder Actions

•Child Protection Team/ER Procedures

•Dept of Children and Families Investigation

•Child Abuse Injuries

•Legal Issues


Choice and Consequence

Choice –the act of making a selection; the

right, the power or chance to choose

–Examples

Consequence – a result of an action,

process, etc.; outcome; a logical result or

conclusion

–Examples


Choice and Consequence

Do We Have The

Ability To Make a

Choice??


Absolutely!!!!


We Live in The Greatest

Nation in the World

and We have the

Opportunity of Choice

and To Follow Our

Dreams!!


Career Opportunities


Career Opportunities


To Achieve Our Dreams

We Must Make Smart

Choices


What Would Stop Us From

Achieving Our Dreams??


Choice and Consequence

• Make the Choice to Not meet the

requirements of the job

–Examples – School Teacher, Doctor, Sports

• Make the Choice to do an illegal act

–Examples –Steal from a store, bully/beat‐up

another student, commit a sexual offense

(sexual battery/lewd & lascivious),

possess/transmit child pornography/obscene

materials


NATIONAL STATISTICS

•Over 300,000 children are sexually abused in the

U.S. each year

• Sexual Assault is the fastest growing violent crime

in the U.S.

• Approximately 1 in 4 women (25%) and 1 in 10

men (10%) are sexually abused as children

• Adolescent sex offenders account for more than

one‐third of all sexual assaults

• Approximately 20% of all rapes (sexual battery)

and 30‐50% of child molestations are committed

by adolescent males


SEXUAL BATTERY (RAPE)

• Sexual Battery – means oral, anal, or vaginal

penetration by, or union with, the sexual organ of

another; or the anal or vaginal penetration of

another by any other object, and the act is

committed without consent.

•If Defendant (D) is less than 18y/o and Victim (V)

is 12 y/o or >, D committed a 1 st Degree Felony,

punishable up to 30 years in Prison.

• Note: Punishment is greater if the D is older

than 18y/o, and/or the V is less than 12y/o,

and/or there is damage to the sexual organs.

(Capital Felony/Life Felony)

•Example


LEWD & LASCIVIOUS OFFENSES

• Lewd&Lascivious (L&L) Offenses –include L&L

Battery, L&L Molestation, L&L Conduct, L&L

Exhibition

• Prohibited Defenses –V’s lack of chastity, V’s

consent (< 16 y/o), D’s ignorance of V’s age

•L&L Battery – engages in sexual activity with a

person 12 y/o but < 16 y/o; or encourages, forces,

or entices any person < 16 y/o to engage in

sadomasochistic abuse, sexual bestiality,

prostitution, or any other sexual activity, commits

a 2 nd Degree Felony, 15 yrs in prison

•Example


LEWD & LASCIVIOUS

MOLESTATION

• Lewd&Lascivious (L&L) Molestation ‐means

intentionally touching in a L&L manner the

breast, genitals, genital area, or buttocks, or the

clothing covering them of a person less than 16

y/o

•If D is < 18 y/o and V is 12 y/o but < 16 y/o, D

commits a 3 rd Degree Felony, 5yrs prison

• Note: Punishment is greater if the D is older

than 18 y/o, and/or the V is less than 12 y/o. (2 nd

Degree Felony, 15 yrs prison; 1 st Degree Felony,

30 yrs prison)

•Example


LEWD & LASCIVIOUS CONDUCT

• Lewd&Lascivious (L&L) Conduct –means

intentionally touching a person < 16 y/o in a L&L

manner; or solicits a person < 16 y/o to commit a

L&L act

•If D is < 18 y/o and V is 12 y/o but < 16 y/o, D

commits a 3 rd Degree Felony, 5yrs prison

• Note: Punishment is greater if the D is older

than 18 y/o (2 nd Degree Felony, 15 yrs prison)

•Example


LEWD & LASCIVIOUS EXHIBITION

• Lewd&Lascivious (L&L) Exhibition ‐ means

intentionally masturbating; intentionally exposes

the genitals in a L&L manner; or intentionally

commits any other act that does not involve

actual physical or sexual contact in the presence

of a person < 16 y/o

•If D is < 18 y/o and V is 12 y/o but < 16 y/o, D

commits a 3 rd Degree Felony, 5yrs prison

• Note: Punishment is greater if the D is older

than 18 y/o (2 nd Degree Felony, 15 yrs prison)

•Example


UNLAWFUL SEXUAL ACTIVITY

•Unlawful Sexual Activity –A person 24 y/o or >

who engages in sexual activity with a person 16 or

17 y/o, commits a 2 nd Degree Felony, 15 yrs

• Sexual Activity means oral, anal, or vaginal

penetration by, or union with, the sexual organ of

another

•Child Abuse ‐ A person 21 y/o > who impregnates

a child < 16 y/o, commits a 3 rd Degree Felony,

5 years of prison


Choice and Consequence

•Sexting

‐ The act of sharing nude or partially nude

photos via cell phone text message.

‐ According to a nationwide survey by the

National Campaign to Support Teen and

Unplanned Pregnancy, approximately 20% of

teens admitted to participating in sexting.


Choice and Consequence

• Possess/Transmit Child Pornography

and/or Obscene Materials

‐ FL Statute 827.071, it is unlawful for any

person to knowingly possess a photograph,

motion picture, exhibition, show, or other

presentation which, in whole or in part, include

any sexual conduct by a child. (Whoever

violates is guilty of a felony of the third

degree.)


Choice and Consequence

• Possess/Transmit Child Pornography

and/or Obscene Materials

‐ FL Statute 847.0133, it is unlawful for any

person to knowingly to sell, rent, loan, give

away, distribute, transmit or show any obscene

material to a minor. (Whoever violates is

guilty of a felony of the third degree.)

‐ Sexting by a minor (01 Oct 2011)

‐ Fist Offense –non‐criminal, 8 hrs community

service or $60.00 fine; Second Offense –Ist degree

misdemeanor; Third Offense –3 rd degree felony


Choice and Consequence

• Possess/Transmit Child Pornography

and/or Obscene Materials

‐ FL Statute 847.0135, computer pornography ‐

knowingly compiles, transmits, makes prints,

publishes, reproduces, buys, sells, receives,

exchanges, or disseminates child pornography

will be guilty of a felony of the third degree.


Choice and Consequence

• Possess/Transmit Child Pornography

and/or Obscene Materials

Consequence 1 –Once the photo is taken, it

can be on the Internet forever!!

Consequence 2 –You could be arrested for

possession/transmission of child

pornography/and or obscene materials


Once the Photo Leaves the

Computer/Camera Phone it is on the Net

Forever…

• Pictures are Captured and Traded Like Baseball Cards or Just

Posted in Newsgroups for Anyone to Obtain…


Why Predators Go Online

• Opportunity to contact others with a sexual

interest in children for discussion, trading

of material or actual meetings.

•Provides them with a sense of “legitimacy”

and “acceptability” for their “interest in

children”


Why Predators Go Online

•Medium for real time communication with

children and other predators using:

E‐mail

Chat Rooms

Instant Messengers (IM)

Internet Relay Channel (IRC)

Newsgroups


Choice and Consequence

•Who’s Looking at your Photos?

‐ Friends, boyfriends, girlfriends, acquaintances,

family members

‐ Teachers and guidance counselors

‐ College/University Admissions personnel

‐ Sexual Offenders and Sexual Predators

‐ Future Employment personnel

‐ Law Enforcement personnel


Sexual Offender/Predator

Registration

•If convicted of a Sexual Battery and/or Lewd &

Lascivious Offense, you must report within 48

hours to the Sheriff’s Office and Department of

Motor Vehicles for registration, tracking, and

notification. (Track by residence and

employment. If you move or change jobs, you

have notify within 48 hours. If not, commit a 3 rd

Degree Felony, 5 yrs prison. )

• Convicted means found guilty by trial, plea of

guilty, or nolo contendere, regardless of whether

adjudication is withheld.


Sexual Offender/Predator

Registration

•A Sexual Offender/Predator must maintain

registration for the duration of his/her life.

Unless;

– Receive a full pardon

–Conviction set aside in a post‐conviction proceeding

– Lawfully released from confinement or supervision for

at least 20 years and not arrested for any subsequent

Felony/Misdemeanor

–Who was 18 y/o or < and the V was 12 y/o or >,and

adjudication was withheld, and 10 years elapsed since

probation, and not subsequently arrested for any

Felony or Misdemeanor. Then, the D may petition the

court for removal of the registration requirement.

More magazines by this user
Similar magazines