Rhode Island Child Molestation Lawyer (1st) First Degree Child Molestation

 

Are you under investigation for First Degree Child Molestation?

If you become aware that you are being investigated for First Degree Child molestation it is imperative that you seek qualified legal counsel. Your legal counsel should have experience defending these charges, from investigation through indictment and trial. It is crucial that you obtain the correct legal advice as to what extent you will cooperate with this investigation. There are some cases where an interview with police makes perfect sense and other times that it does not. Your actual innocence has very little to do with this decision.

Have you been arrested for First Degree Child Molestation?

Criminal Defense Attorney John MacdonaldTo defend against a child molestation charge in a court of law can be an very unsettling and unpredictable experience. The initial arrest may result in a denial of bail and a two-week wait for a bail hearing. Simply having friends, family or coworkers find out about a charge can be enough to turn your life upside down. Child molestation is an extremely serious crime, and anyone facing it
should know their legal rights, as well as the penalties within the state of Rhode Island.

Conviction of this crime not only carries the most severe jail terms but offenders will be required to not only register as a sex offender in the state of Rhode Island. If the crime is deemed severe then as part of the Jessica Lunsford Child Predator Act of 2006 the offender will be required to be “electronically monitored via an active global positioning system for life”.

Victims of Child Molestation

If you are, or know of a child that is being abused in any way you are obligated to immediately contact The Department for Children, Youth and Families (DCYF) at (401) 528-3502. DCYF will hold an investigation into the well being of the child and any information such as names, addresses or any other personal information about you will be strictly confidential.

Defining First Degree Child Molestation

As defined by Rhode Island state law:

11-37-8.1 First degree child molestation sexual assault. – A person is guilty of first degree child molestation sexual assault if he or she engages in sexual penetration with a person fourteen (14) years of age or under.

The State of Rhode Island defines first degree child molestation as penetration of the vagina, anus, or mouth by any part of the body of a person age 14 or under body by an adult. This is what differentiates the crime from second degree child molestation which focuses primarily on any type of lascivious touching of intimate body parts. It is important to be aware that a child’s consent does not alter the crime or the penalty in any way whatsoever.

If you have been charged, arrested, or even just investigated you need to defend your rights and privacy immediately. The affects on your life will be far reaching even if the accusations are false. Call an experienced and aggressive sex crimes trial attorney immediately. With over 20 years experience as a trial attorney and former Rhode Island Public Defender, John MacDonald understands how important the first steps are to your successful defense and case outcome.

Call Rhode Island Child Molestation Lawyer (1st) First Degree Child Molestation Sex Crimes Defense Attorney John E. MacDonald today at 401-421-1440 or EMAIL us today for a FREE CONSULTATION. We can come to you if you have been detained or incarcerated by the state.

Additionally:
§ 11-37-8.1 First degree child molestation sexual assault. – A person is guilty of first degree child molestation sexual assault if he or she engages in sexual penetration with a person fourteen (14) years of age or under.

Anyone over the age of 18 that engages in sex with someone under the age of 14 is guilty of both sexual assault and child molestation.

Penalties for First Degree Child Molestation
First degree child molestation in Rhode Island is punishable by a minimum of 25 years in the ACI and up to life in prison. Whatever sentence is imposed includes the requirement of lifetime sex-offender registration and counseling as well as a no-contact order with the complainant.

11-37-8.2 Penalty for first degree child molestation sexual assault. – Every person who shall commit first degree child molestation sexual assault shall be imprisoned for a period of not less than twenty-five (25) years and may be imprisoned for life.

In addition, the general assembly of Rhode Island also imposes additional requirements on those deemed “the most dangerous child predators” and requires that they be “electronically monitored via an active global positioning system for life”.

This provision called the Jessica Lunsford Child Predator Act of 2006 is defined by Rhode Island here.

§ 11-37-8.2 Penalty for first degree child molestation sexual assault. – Every person who shall commit first degree child molestation sexual assault shall be imprisoned for a period of not less than twenty-five (25) years and may be imprisoned for life.

If you are being investigated, charged or arrested for a sex crime in Rhode Island, Massachusetts or Connecticut, please contact Criminal Defense Attorney John E. MacDonald at (401) 421-1440 now for a free consultation.

Trial Attorney John E. MacDonald handles sex crimes cases in the following areas (and more):

11-37-8.2.1 Penalty for first degree child molestation sexual assault – Jessica Lunsford Child Predator Act of 2006. –

(a) Title and Legislative Intent. The title of this section shall be “The Jessica Lunsford Child Predator Act of 2006”. In enacting this section the general assembly intends that in order to ensure the safety of victims the most dangerous child predators be electronically monitored via an active global positioning system in order to ensure that their whereabouts can be easily ascertained by law enforcement and other responsible authorities at all times while providing treatment to offenders.

(b) Every person who shall violate the provisions of subdivisions 11-37-8.2.1(b)(1) – 11-37-8.2.1(b)(2) listed herein shall be electronically monitored via an active global positioning system for life and, as a condition of parole and probation, and for the duration of any period of his or her probation following his or her parole shall attend a sex offender treatment program to address his or her criminally offensive behavior, as determined by the department of probation and parole. The persons subject to this condition of parole shall include:

(1) Persons who commit first degree child molestation sexual assault on or after January 1, 2007 and the victim of the sexual assault is twelve (12) years of age or younger; or
(2) Persons who shall violate the conditions of § 11-37-8.1 on or after January 1, 2007 and be determined a high-risk of re-offense (level 3) offender under the conditions of § 11-37.1-12, and the person is deemed a child predator as defined in subsection 11-37-8.2.1(g) or have committed the offense in conjunction with circumstances involving kidnapping, torture or aggravated battery, and provided further that the victim to the offense is fourteen (14) years of age or younger.
(3) Any person who violates the terms of the global position monitoring conditions shall be guilty of a misdemeanor.

(c) Any costs associated with the requirements of this section shall be borne by the offender and the court is hereby authorized and empowered to utilize all resources available to collect the funds for these costs unless the court finds that the defendant is indigent. In such cases costs shall be waived in order to promote this section’s legislative intent.

(d) Harboring.
(1) Any person who has reason to know that a person convicted of first degree child molestation as defined by § 11-37-8.1 or 11-37-8.2.1 is not complying or has not complied with the requirements of this section where applicable and who with the intent to assist the child molester in eluding a law enforcement agency that is seeking to find the child molester to question the child molester about or to arrest the child molester for his or her non-compliance with the requirements of this section and who:
(i) knowingly withholds information from or willfully fails to notify the law enforcement agency about the child molester’s non-compliance with the requirements of this section; or
(ii) harbors or attempts to harbor or assists another person in harboring or attempting to harbor the child molester; or
(iii) knowingly conceals or attempts to conceal or assists another person in concealing or attempting to conceal the child molester; or
(iv) provides information to the law enforcement agency regarding the child molester that the person knows to be false information commits a felony and shall be subject to imprisonment for a period of five (5) years. Nothing in this subsection shall be construed as limiting the discretion of the judges to impose additional sanctions authorized in sentencing.
(2) Any person who permits a child predator as defined by this section to reside with them knowing that the child predator has failed to comply with the requirements of subsection 11-37-8.2.1(b) commits a felony punishable by up to five (5) years imprisonment and/or a five thousand dollar ($5,000) fine.

(e) Any person who intentionally tampers with damages or destroys any electronic monitoring equipment required by this section pursuant to a court order or parole board order unless such person is the owner of the equipment or an agent of the owner performing ordinary maintenance and repairs commits a felony and shall be imprisoned for not less than one nor more than five (5) years.

(f) The department of corrections, prior to the release from incarceration of any child predator, shall ensure that the child predator’s fingerprints are taken and forwarded to the bureau of criminal identification (BCI) division within the department of attorney general within forty-eight (48) hours after release from incarceration. The fingerprint card shall be clearly marked “Child Predator Registration Card”.

(g) For the purposes of this section “child predator” shall be defined as any person convicted of any violation of § 11-37-8.1, and who on a prior occasion has been convicted of a violation of § 11-37-8.1 or § 11-37-8.3.

If you are being investigated, charged or arrested for a sex crime in Rhode Island, Massachusetts or Connecticut, please contact Criminal Defense Attorney John E. MacDonald at (401) 421-1440 now for a free consultation.

We can come to you if you have been incarcerated. CALL TODAY!

Call us at 401-421-1440 or EMAIL
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