Articles

Community Service by Parents or Guardians of Convicted Minor, 26 Pac. L.J. 390 (1995)

Under existing law, the parent or legal guardian, of a minor who is convicted of possessing a destructive implement with the intent to commit graffiti or convicted of willfully affixing graffiti must pay any fines imposed upon the *391 minor if the minor is unable to pay them. Existing law also provides that the minor offender must perform a certain number of hours of community service. Click here to read the entire article.

Habitual Sexual Offenders – Elimination of Sentencing Credits, 26 Pac. L.J. 399 (1995)

Under prior law, a habitual sexual offender sentenced for the minimum term of twenty-five years was eligible to have his or her sentence reduced for good behavior to not less than twenty years. Chapter 446 removes the possibility for a reduction in sentence for good behavior if the sentence is under twenty-five years and provides that the offender will not be eligible for parole until he or she has been incarcerated for the minimum twenty-five years. Click here to read the entire article.

Harassment of Children, 26 Pac. L.J. 402 (1995)

Under existing law, a person who willfully, maliciously and repeatedly follows or harasses another person and makes a credible threat so as to put that person in reasonable fear of his or her safety, will be guilty of the crime of stalking. Existing law also provides that a person who molests or annoys any child under the age of eighteen will be fined not more than $1000 and/or imprisoned for up to one year. Click here to read the entire article.

Rape – Lack of Consent, 26 Pac. L.J. 419 (1995)

In prosecutions for specified sexual offenses, existing law defines consent as an act or attitude that signifies the victim's free will. Existing law further provides that a defendant's honest and reasonable belief that a victim consented to sexual intercourse may negate criminal intent and as such, may serve as a defense to rape. Chapter 907 requires that in prosecutions for certain sexual *420 offenses, the victim's request or suggestion to the defendant that a condom or other form of birth control be used, in absence of other evidence, will not be sufficient to constitute her consent to his actions. Click here to read the entire article.

Sentence Enhancement – Attempted Murder of Police Officers, 26 Pac. L.J. 426 (1995)

Under prior law, attempted murder of a peace officer or firefighter in the first degree received a punishment of life imprisonment with the possibility of parole. However, murder in the second degree, was punishable by a prison term of five, seven, or nine years. Click here to read the entire article.

Rewards – Offers by Governor for Information Leading to Arrest, 26 Pac. L.J. 422 (1995)

Under existing law, the Governor has the power to offer rewards of up to $50,000 for information leading to the arrest and conviction of anyone who kills, assaults with a deadly weapon, or inflicts serious bodily harm on a police officer, who is acting within the line of duty. Chapter 880 adds to this list of offenses for which a reward may be offered, attempted murder in the first and second degree of a peace officer. Chapter 880 further adds that a reward may be offered if any of these offenses are directed towards a firefighter. Click here to read the entire article.

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