As reported by Maria Armental in the August 16, 2013 edition of the Providence Journal, a Newport teenager has been arrested and charged with second degree child molestation. The seventeen (17) year old is accused of molesting a five (5) year old girl at the daycare where he volunteered. The assaults were recorded. The teenager is currently being held at the Training School.
Pursuant to Rhode Island General Law 11-37-8.3, a person is guilty of a second degree child molestation sexual assault if he or she engages in sexual contact with another person fourteen (14) years of age or under. The penalties if convicted include imprisonment for not less than six (6) years nor more than thirty (30) years. Following release from prison, sex offender counseling and sex offender registration is required.
Pursuant to R.I.G.L. 11-37-8.1, 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 penalties if convicted include imprisonment for a period of not less than twenty-five (25) years and may be imprisoned for life. If released from prison, sex offender counseling and registration is mandated.
Electronic monitoring may also be required based on the circumstances of the case and the age of the victim. "The Jessica Lunsford Child Predator Act of 2006" allows electronically monitored via an active global positioning system for sex offenders 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.
If you or a family member has been charged with child molestation, sexual assault or other sex crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.