There is a wide range of crimes that fall into the category of sex crimes in the United States. Many people are surprised to find that relatively harmless offenses, such as public urination and streaking, can lead to someone being labeled a sex offender. Here’s what you need to know about what constitutes a sex crime in the US.
According to federal law, there are 3 tiers in which sex crimes are categorized.
The 3rd tier pertains to violent sex criminals, also referred to as sex predators, who are high risk offenders.
The 2nd tier includes moderate risk offenders, particularly those who are involved in sex trafficking, distributing child pornography, or engaging in nonviolent sexual contact with a minor.
The 1st tier relates to more innocuous crimes such as streaking and public urination. Minors who post nude selfies or engage in sexting could be charged with a 1st tier sex crime. Teenagers are sometimes charged with this after having consensual sex.
Punishments for sex crimes vary widely from state to state for all three tiers. For example, in some states, penalties for indecent exposure run from as miniscule as a $1,000 fine all the way up to 10 years in prison, depending on whether any children saw the lewd act and in which state the crime was committed.
No matter which tier pertains to the particular sex crime committed, all sex offenders are required to register in a national database that is available online 24/7. Depending on the tier and in which state the crime was committed, some sex offenders must remain listed on this database for their entire lifetimes.
There is some good news for convicted sex offenders, though. A March 2015 Supreme Court ruling unanimously decided that monitoring sex offenders by making them wear GPS bracelets violates their 4th Amendment Constitutional right to be protected against unreasonable search and seizure.
Additionally, also in March 2015, the California Supreme Court ruled that imposing housing restrictions on sex offenders was unconstitutional. In the past, sex offenders weren’t allowed to legally live near parks or schools, which severely limited their housing options.
So perhaps the pendulum is swinging back towards actively rehabilitating sex offenders and letting them go on to live productively, instead of ostracizing them for their entire lives. Instead of focusing on handing down harsh punishments for sex crimes, perhaps the US would be better served by helping criminals get out of the crime cycle by fully accepting them back into society after they have paid their fines and done their required prison time.
Instead of a national sex offender database with so many names perpetually listed, could the witch hunt end? When people have served their time, paid their fines, and are sent back into society, perhaps they could be free of the label “sex offender” so they can go on to live happy, healthy, successful lives. With this recent US and CA Supreme Court rulings, it seems that America is ready for an increase of compassion and fair treatment of those who have committed sex crimes.
If you’ve been charged with a sex crime in Southern California, call expert criminal defense attorney Dan Chambers. He will fight to prove your innocence or to acquire the lightest possible penalty so you can move on with your life. Call 714-760-4088 or email dchambers@clfca.com to schedule a free initial consultation today.
