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Reply #25: Did you read the page that you linked to? [View All]

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varkam Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-04-09 04:44 AM
Response to Reply #21
25. Did you read the page that you linked to?
Edited on Sat Apr-04-09 04:46 AM by varkam
A Tier III sex offender is the most serious classification. These sex offenders are convicted of an offense that is punishable by more than one year in prison and:

1. is comparable or more severe than one of the following federal crimes or conspiracy or attempt to commit one of them: aggravated sexual abuse, sexual abuse, or abusive sexual contact against a minor under age 13;

2. involves kidnapping a minor, unless the actor is a parent or guardian; or


3. occurs after the offender became a Tier II sex offender.


You do not "have to become a Tier I, before you can become a Tier II, before you can become a Tier III" - read the first two points closely. All you have to do is commit one of those offenses. The second point notes that all you have to do is kidnap a minor - which can lead to some very absurd results. There was a case in Georgia where a gunman robbed a fast-food restaurant. The female cashier was sixteen. He ordered her lay on the floor (which qualifies as kidnapping - see point 2). He then became a Tier III sex offender even with no sexual element to his crime - yet, would you contend that he is a persistent risk of molesting children, even though he has never committed a crime with a sexual element? As I have said, it's controlled entirely by statute - not by individual risk factors.

The Tier designations have little or nothing to do with the risks posed by individuals. Furthermore, the Tier designations have absolutely nothing to do with the civil commitment process and the burden of proof that the government is required to meet in order to committ a sexually dangerous person.
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