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ALBANY--Furthering his commitment to keep New York's children and families safe, Gov. George Pataki has proposed Jessica's Law, legislation that imposes tougher penalties on those who commit sexual crimes against children, and further strengthen other sexual assault laws.
"As a father of four, I can hardly imagine anything worse than the sexual abuse of a child," Governor Pataki said. "This new legislation will ensure that if you commit the worst kind of violent sexual crime against a child, you will go to prison for a minimum of 25 years. But Jessica's Law will do more than that -- it will also raise the age threshold for crimes against children and further penalize the worst-of-the-worst sexual predators as well as repeat sexual offenders."
The Governor's legislation is named for Jessica Lunsford, a nine-year-old-girl who was abducted, sexually assaulted and murdered by a registered sex offender living in her neighborhood in Florida. "Jessica's Law" was first signed in Florida last year. Governor Pataki's proposed New York Jessica's Law is modeled on the original Florida law, and if passed, it would be one of the toughest laws in the country against violent sexual predators of children.
Just last week, at the Governor's urging, the Legislature passed an expansion of Megan's Law, lengthening the amount of time sex offenders would be mandated to remain on the Sex Offender Registry and ensuring thousands of sex offenders would not come off the lists beginning this month. This new law ensures that all sex offenders remain on the Registry, most for life, and continues to give every parent and family the ability to find information about sex offenders in their neighborhoods.
"Last week we strengthened Megan's Law. Today I am proposing Jessica's Law. And still, we can and must do more to further ensure the safety of our children and families. We still need to work together to pass new laws that would further toughen Megan's Law, protect our children and families by civilly confining dangerous sexual predators, toughen sentences for those who molest and rape children, end the statute of limitations on rape, and require every criminal to submit a DNA sample to the State's DNA Databank," the Governor added.
Several of the provisions of Jessica's Law have been acted on by the State Senate since 1996, but they have not been acted on by the State Assembly Majority Leadership.
Mark Lunsford, father of Jessica Lunsford, the child for whom the bill is named, said, "I want to commend Governor Pataki and New York State for looking to implement tougher laws to protect children. Although we will never be able to prevent all of the crimes that will be committed against children, we can implement laws that will further protect them and avoid senseless tragedies. The death of my daughter-like so many other children-could have possibly been avoided; and there is no time better than the present to take action so that it doesn't happen again. I look forward to helping New York protect its children by working with the Governor and the New York Legislature to get New York's version of Jessica's Law passed.
"Like Governor Pataki, I believe this will only be accomplished by working through bi-partisan partnerships. I believe the Governor and I will be able to successfully work with the Assembly and Senate so that New York's children can live lives free from fear and harm. I believe that together, we can implement laws that will keep dangerous individuals who want to harm and destroy innocent lives away from our children. Never again should a child have to suffer the pain and fate that my daughter did. It is our job to make sure this never happens again and that children can safely play in our communities and neighborhoods."
Jessica's Law would include:
Tougher Sentences for Sex Crimes against Children
Mandatory A-I sentence of 25 to Life for violent sexual felonies against children (Jessica's Law)
Increase age threshold for most serious sexual crimes against children from "under 11" to "under 13"
Mandatory life without parole sentence for causing the death of a child during a sexual assault (Tamiqua's Law).
Creation of a higher-level A-I felony offense for using children under the age of 13 in a sexual performance.
Increased sentencing for all other sexual crimes against children.
Tougher Sentences for Repeat Sex Offenders
Mandatory 25 to Life sentences for all second-time sexual felony offenders.
Tougher Sentences for the "Worst of the Worst" Sexual Offenders
Mandatory 25 to Life minimum sentence for new crime of "Predatory Sexual Assault".
Aggravating factors for the new crime of "Predatory Sexual Assault" would include: (1) causing serious physical injury; (2) use or display of a gun, deadly weapon or what appears to be a gun or deadly weapon; and (3) committing more than one sexual assault; (4) a prior sexual or violent offense.
Strengthening Other Sex Assault Laws
Adding numerous sex crimes to list of "violent felony offenses".
Eliminating requirement that "physical injury" be demonstrated in aggravated sex abuse cases.
Require the Board of Parole consider input from the State Board of Sex Examiners prior to granting parole to any sex offender.
Make Sexual Abuse in the Second Degree (subjecting one incapable of consent to sexual contact for any reason except age) a felony. Currently, it is only a misdemeanor to subject a person who is physically helpless or mentally disabled or incapacitated to sexual contact.
During his 12th and final State of the State Address three weeks ago, the Governor called for new laws that would further protect our children and families by: requiring the civil confinement of dangerous sexual predators; imposing longer sentences for those who molest and rape children, or commit violent or repeat sexual assaults; strengthening New York's Megan's Law; ending the statute of limitations on rape and sexual assaults; and requiring all criminals to submit a DNA sample to the State's DNA Databank. 1-23-06
© 2005 North
Country Gazette
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