"Florida Affidavits of Custody of Child"
The Adam Walsh Child Protection and Safety Act (AWA) Florida Department of Juvenile Justice What is the Adam Walsh Act? Federal legislation creating stricter requirements for sex offender registration to include juveniles who have been adjudicated delinquent for certain felony sexual offenses. Juvenile sex offenders in Florida have not previously been required to register as sex offenders with the FDLE sexual offender database. (AWA) REQUIREMENTS DJJ IMPLEMENTATION What jurisdictions are included? All 50 states, the District of Columbia, 5 principal U.S. Territories Became effective July 1, 2007 in Florida Who Is Required to Register? The youth is 14 or older at the time of the sexual offense, and The youth has been adjudicated delinquent for a qualifying offense after July 1, 2007 Overview of Florida Juvenile Sexual Offender Registration Requirements Qualifying Juvenile Offenses adjudicated with specific written court finding include: 794.011 Sexual Battery Excluding 794.011(10) There is no specific court finding required for sexual activity but a court finding of the age of the victim and the offender is required. 800.04 (4)(b) Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, where the court finds sexual activity by the use of force or coercion Overview of Florida Juvenile Sexual Offender Registration Requirements Qualifying Juvenile Offenses adjudicated with specific written court finding include: 800.04(5)(c)1 Lewd or lascivious molestation by an offender under 18 with victim under 12, where the court finds molestation involving unclothed genitals 800.04(5)(d) Lewd or lascivious offenses committed upon or in the presen of persons less than 16 years of age, where the court finds sexual activity by the use of force or coercion and involving unclothed genitals Court Responsibility Juveniles who are prosecuted, convicted, and sentenced as adults of a sex offense are covered by AWA and are treated identical to adult sex offenders. How Will a Juvenile Sex Offender Be Required to Register? Initial registration is completed by the JPO within 3 business days after adjudication/disposition through the sex offender registration module in JJIS. Youth not in the physical custody of DJJ are required to report to the local driver’s license office within 48 hours to obtain identification with a sex offender designation The Youth Must Keep Registration Current for Full Registration Period Which Is “Life” Re-registration Must report in person each year to the Sheriff’s Office to reregister during youth’s birthday month and then every 3 months. What Is the Penalty for Failure to Register or Report? Florida – failure to comply is 3rd degree felony. Fs 985.4815(13) Federal – if a sex offender adjudicated delinquent in state court is required to register and knowingly fails to register or update registration as required, and the sex offender engages in interstate or international travel then the offender can be prosecuted under 18 U.S.C. 2250, the federal failure-to-register offense. What Changes in Status Must Be Reported and When? Within 3 days the offender must report to JPO changes in: Legal name Address change permanent or temporary School Employment What Changes in Status Must Be Reported and When? cont. DJJ shall immediately provide the information to other jurisdictions in which the offender is required to register. It is the responsibility of DJJ to ensure that ongoing communication is maintained regarding the status and supervision of youth. Verification Process Home visits will be required to verify residence of youth. Procedures will be developed to ensure verification of school and work addresses. Duration of Registration Requirement Although registration is for life, a waiver can be requested after 25 years if: A clean record is maintained for 25 years Registration has been kept current for the full registration period Duration of Registration Requirement Cont. Youth has not been arrested for any offense requiring imprisonment exceeding one year Not convicted of any new sexual offense Duration of Registration Requirement cont. Successfully completed any periods of supervised release, probation, and parole Successfully completed required sex offender treatment What is done with registration information about sex offenders? AWA requires prompt sharing of information among registration jurisdictions, and disclosure of much of the information to the general public and specified entities to receive information What Information Must Be Available to the Public Through Public Websites? Registry information about each sex offender: Name and all aliases Each address where the sex offender resides or will reside, attends school or is employed. What information must be available to the public through public websites? Physical description including tattoos Current Photograph The sex offense for which the youth is registered. How has this legislation impacted Polk, Highlands, and Hardee counties? DID YOU KNOW? In the State of Florida, it is against the law for minors under the age of 16 to engage in consensual sexual activity. That’s right, teens can be charged if they engage in risky behaviors before the age of consent. In fact, many youth are charged every year and must live with a sexual offense history (F.S. 800.04). And now with new Adam Walsh legislation, juvenile sex offenders (in certain circumstances) may be required to register with the Florida Department of Law Enforcement. Florida Statutes A person who engages in sexual activity with a person 12 years of age or older but less than 16 years of age commits lewd or lascivious battery, a felony of the second degree. *16 years of age is the age of consent, no consent if you are under the age of 16. A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, unlawful sexual activity with certain minors. A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them of a person less than 16 years of age, or forces or entices a person under 16 years of age to touch the perpetrator, commits lewd and lascivious molestation. 2 Lakeland High Athletes Arrested for Consensual Contact With Underage Teens By Jeremy Maready THE LEDGER Published: Wednesday, April 7, 2010 at 9:22 p.m. LAKELAND | Two Lakeland High School baseball players were arrested Friday night for "making out" with underage girls and now each faces a charge of lewd battery, according to Sheriff's Office arrest affidavits. http://www.djj.state.fl.us/ http://www.ojp.usdoj.gov/smart/ http://ojjdp.ncjrs.gov/ Questions?