- Jessica’s Law took effect July 1, 2006.
- If the child is under 14 and the offended over 18, any Rape, Aggravated Criminal Sodomy, Aggravated Indecent Liberties With a Child, Sexual Exploitation of a Child, Aggravated Trafficking, and Promoting Prostitution of anyone under 14, as well as any Attempt, Conspiracy or Solicitation of the above, is subject to a mandatory hard 25 year prison term.
- The judge may depart from the 25 years and, if so, the Departure box should be marked and the Departure section should be completed with reasons given. (Page 3, Section IV)
- The Sex Offense Supplement Page must be completed and included with Section B marked, as well as the Registration pages.
EXCEPTIONS: (a few examples)
- There is a window (State vs. Horn) from May 9, 2009 to April 29, 2010, where if a Jessica’s Law offense is an Attempted; it drops to a Level 1 rather than off grid crime. The 2011 Legislature ratified the law to clarify the intent.
- Also (State vs. Bello, State vs. Morningstar, and State vs. Spencer), the courts must indicate the defendant is at least 18 years of age.