Most people have heard the terms “sex offender” and “sexual predator” used numerous times, often interchangeably. The reality, however, is that these two terms do not have the same legal meaning in the State of California. Whether you are an accused, a victim, or simply a concerned member of the public it is important to understand what these two sex crimes in California mean to ensure that they are used appropriately.
It is often the case that the way in which a word or term is used by the general public differs significantly from the actual legal definition of the word or term. The terms “sex offender” and “sexual predator” provide good examples of this tendency. People have a tendency to refer to anyone who has been convicted of anything that could remotely be considered a sex offense as either a sex offender or a sexual predator, using both terms to mean the same thing. California law, however, defines the two terms as follows:
- Sex Offender – Is a person who has been convicted of one of several criminal offenses in California that are considered to be sex offenses.
- Sexually Violent Predator — is a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior.
After reading both legal definitions it should be abundantly clear that there is a significant difference between a sex offender and an individual who has been declared a sexually violent predator. Not only does California law create a very clear distinction between the two terms, but the law also treats the two categories of individuals very differently.
Commonly referred to as “Megan’s Law”, California law requires most individuals who have been designated as a sex offender to register as such. The extent of information a sex offender is required to provide to the authorities and to the public depends on which category (within the broad category of sex offenders) the individual falls into. While there are other requirements that go along with being labeled a sex offender, the registration requirement is what typically defines a sex offender.
An individual who has been classified as a sexually violent predator faces much more serious consequences and potential restrictions on his or her freedom than someone who has been labeled as a sex offender. An individual who meets the criteria of a SVP will be closely monitored in the California state prison system. Toward the end of his or her sentence the individual may be referred and evaluated for possible commitment to the Department of Mental Health if it is determined that the individuals release poses a clear and significant threat to the general public.
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