The predator next door

August 25, 2011 § Leave a comment

I received a letter from our police department the other day kindly informing me that a sex offender had moved in on my block. The information sheet listed his conviction simply as “Custodial Sexual Misconduct 1st Degree.”

Not very enlightening. This could mean he got into some heavy petting with his girlfriend’s 17-year-old daughter, which is icky but not “hide the children!” icky. It could also mean he raped a baby. I couldn’t tell. With a child in the house, I was understandably a little freaked out, so I looked it up.

Turns out I was completely wrong about it. Here’s the statute:

(1) A person is guilty of custodial sexual misconduct in the first degree when the person has sexual intercourse with another person:

(a) When:

(i) The victim is a resident of a state, county, or city adult or juvenile correctional facility, including but not limited to jails, prisons, detention centers, or work release facilities, or is under correctional supervision; and

(ii) The perpetrator is an employee or contract personnel of a correctional agency and the perpetrator has, or the victim reasonably believes the perpetrator has, the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision; or

(b) When the victim is being detained, under arrest[,] or in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.

(2) Consent of the victim is not a defense to a prosecution under this section.

(3) Custodial sexual misconduct in the first degree is a class C felony.

He very well may have had a consenting relationship, just with the wrong person. That sucks. It’s stupid, but it also sucks.

Then again, he may have had a forceful, manipulative relationship with someone. Which is sleazy and, also, very stupid.

I don’t normally have to worry too much about protecting my kid from stupid, and from the sound of this statute he probably isn’t a pedophile. So yay!


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