JL Ch. 5- Child Endangerment

Question 1

Reckless Endangerment to Child:

Elements: (2)

Answer 1

The suspect must have

1. Action: Recklessly engaged in conduct that created a substantial risk of serious bodily injury, or sexual abuse to a child under the age of 18

OR

2. Inaction: Recklessly failed to take reasonable steps to prevent a substantial risk of serious bodily injury, or sexual abuse, to a child under 18- provided that the suspect had a legal duty to act on behalf of the child.

Question 2

The suspect must have

1. Action: Recklessly engaged in conduct that created a substantial risk of serious bodily injury, or sexual abuse to a child under the age of 18

OR

2. Inaction: Recklessly failed to take reasonable steps to prevent a substantial risk of serious bodily injury, or sexual abuse, to a child under 18- provided that the suspect had a legal duty to act on behalf of the child.

Answer 2

Reckless Endangerment To Child Ch. 265 sec 13L.

ROA: Complaint

Question 3

Reckless Endangerment to a Child:

ROA:

Answer 3

Arrest for breach of peace. Otherwise, Complaint.

Note: This crime often occurs in conjunction with other arrestable offenses involving domestic violence, sexual assault, etc.

In almost all situations where this crime applies, officers should file a 51A.

Moreover, it may be necessary for DCF to initiate a Care & Protection.

Question 5

Reckless Endangerment to Child:

Age of the child:

Answer 5

Under the age of 18.

Question 6

Reckless Endangerment to a Child can be committed in two ways. What is the 1st?

Answer 6

1. Action: Recklessly engaged in conduct that created a substantial risk of serious bodily injury, or sexual abuse to a child under the age of 18

Question 7

Reckless Endangerment to a Child can be committed in two ways. What is the 2nd?

Answer 7

2. Inaction: Recklessly failed to take reasonable steps to prevent a substantial risk of serious bodily injury, or sexual abuse, to a child under 18- provided that the suspect had a legal duty to act on behalf of the child.

*Remember, the failure to act may only be the basis for this crime when the suspect has a legal duty to protect the child (parent, teacher, babysitter, camp counselor, etc.)

Question 8

(Blank) occurs when a person consciously disregards a substantial and unjustifiable risk that his acts or failure to act will result in serious bodily injury or sexual abuse to a child under 18. Disregarding the risk must be a “gross deviation” from reasonable conduct.

Answer 8

Reckless Behavior.

Question 9

Reckless Endangerment to Child

The failure to act may only be the basis for this crime when the suspect:

Answer 9

has a legal duty to protect the child (parent, teacher, babysitter, camp counselor, etc.)

Question 10

(blank) results in permanent disfigurement, protracted loss or impairment of a bodily function, limb, or organ, or substantial risk of death.

Answer 10

Serious bodily injury

Question 11

Sexual abuse encompasses: (7 charges):

Answer 11

1. Indecent A&B on a Child under 14
2. Indecent A&B on a person 14 or Over
3. Rape
4. Forcible Rape of a Child under 16
5. Statutory Rape
6. Assault with intent to Rape
7. Assault of a Child with intent to Rape

Question 12

Operation of a motor vehicle MAY be child endangerment:

2 examples (1 of each)

Answer 12

Yes- Leading police on a wild chase

No- Unsecure in child seat (based on the example in the book)

Question 13

The defendant was involved in a multi vehicle accident in which her two nephews- 4 year old Dylan and 16 month old Jayce- died. The defendant and her four year old son were seriously injured. At the time of the accident, Dylan was on the rear middle seat of the defendant’s 4 door sedan with a seat belt on but not a proper child safety seat. Jayce was in the rear passenger area in a front-facing seat with the straps set too high. He should have been secured in a rear facing seat.

Did this constitute Reckless Endangerment of a Child?

Answer 13

No.

The SJC acknowledged this terrible tragedy, but felt that the failure to properly restrain a child, while negligent, did not amount to the type of reckless behavior required for the crime of endangerment. To be reckless, an offender must consciously disregard an obvious risk of serious injury or death.

Question 14

John Soares was living with Miriam Oliveira and their 10 month old son. Soares was angry that the baby began crying while he was trying to nap. He pinched the baby’s feet and hit him in the head to make him stop. He then threw the child against the wall. When Oliviera pick the baby up, Coares threw a chair against the wall, breaking it into pieces.

Which act by Oliveira constituted Reckless endangerment to the child?

Answer 14

Throwing the chair was reckless endangerment: the chair was medium weight and was thrown with enough force to break it into pieces. Oliveira, who was holding the baby, had to move away from it’s falling piece.

Question 15

While the child’s mother was holding the one year old, the defendant punched her in the face.

By punching his wife, what are the two ways the defendant risked endangerment to the child?

Answer 15

1. He could have struck the baby
2. His wife could have dropped the baby

Question 16

A father is shitfaced and walking on the railroad tracks with his 11 year old son:

Was this child endangerment?

Answer 16

Yes.

Father exposed his son to a risk that no reasonable person would permit. Walking on a trailroad track creates a substantial risk of bodily injury. The father exacerbated this risk by being so intoxicated that he fell down. Had a train approached, the son would have risked his life trying to move his father to safety.

Question 17

10 month old child died after his foster parents failed to seek medical treatment for him. The symptoms persisted for over two weeks. Foster parents were aware of his condition. They were also aware that as foster parents they could seek medical treatment for him at no cost to them. Based on security footage in the house, the child can be seen gasping for air as the foster father puts another child to bed in the same room. 10 month died an hour later.

Was this Reckless Endangerment to Child?

Answer 17

Yes.

the foster parents knew, or reasonably should have known, the child was at risk of substantial harm without medical treatment. They had a duty to act, but failed to do so.

**Note: the foster parents were also properly charged with involuntary manslaugter

Question 18

Not providing timely or proper medical care to a child may be:

Answer 18

Reckless Endangerment to Child (under 18).

Question 19

Reckless Endangerment to Child:

Examples:

Was leaving hot curling iron in a place 3.5 year old child could reach it, while knowing the child like to play with the straightener, reckless endangerment of a child?

Answer 19

Yes.

foster mother also did not take child to the hospital immediately after the burn incident, but instead waited for foster father to discover the injuries 8 to 24 hours later.

Question 20

True or false:

The fact that another person has legal custody of the child does not absolve other caretakers of criminal liability for their actions in relation to the child.

Answer 20

True.

Other persons may also have a duty to prevent harm to a child.

ex. grandmother refuses to drive teenage daughter and baby with a skull fracture to the hospital, in order to prevent mothers boyfriend from getting in trouble, because he had dropped the baby.

Question 21

May drunken or drugged behavior in front of children amount to Reckless Endangerment of Child?

Answer 21

Yes.

ex. father passed out in his car after taking painkillers and drinking booze. His children- 5, 3, and 8 months- were left unsupervised. Next to him int he car, was a loaded, cocked gun. Surely their father’s presence in the car could have easily drawn the children to find the gun. The empty beer cans and bottle of liquor in his car showed he spent a substantial amount of time drinking there.

Question 22

Can permitting children to consume alcohol or drugs (including marijuana) amount to Reckless Endangerment of Child?

Answer 22

Yes.

Ex. parents drinking with children at an underage party. One of the guests becomes extremely ill. the next morning, mother injects this girl with “medicine” she took from her job at a nursing home. Father acknowledged that his wife had made a mistake, and said he would lie to police to cover it up- Both parents properly charged with Reckless Endangerment to Child; Mother also charged with ABDW for administering the syringe of “medicine”.

Question 23

Reckless endangerment to child:

Was overwhelming marijuana smoke, that caused an officer to get lightheaded, in an apartment with small children Reckless Endangerment to child?

Answer 23

Yes.

EMS was called to transport the children to the hospital to be evaluated for marijuana exposure.

The potential harm to these children constituted reckless endangerment.

Question 24

Is Drug distribution in a home, by itself, Reckless endangerment of child?

Answer 24

NO. Ex. father was the leader of a drug distribution organization. Children were present on a number of occasions where an undercover bought heroin in the home, and saw heroin being packaged by adults in the home.

Still, no evidence the father or anyone else possessed a gun or dangerous weapon in the home, or that any violence occurred there, or that drugs were left unattended in reach of children.

The endangerment law does not criminalize everything that creates a risk to children. It does not evebn criminalize the use of a child to aid in the distribution of drugs absent a substantial risk of physical or sexual harm to the child (although Inducing a Minor to Distribute Drugs would apply)

Question 25

Possessing drug paraphernalie is NOT, by itself, endangerment. The child must be able to:

Answer 25

reach the paraphernalia.

ex. presence of bloody used needles in a diaper bag was not endangerment because 11 month old baby was strapped into a car seat and not close enough to the bag to reach it.

Question 26

Presence of drugs and potential access by child must be (blank and blank) for endangerment.

Answer 26

known, and disregarded

Ex. child found one suboxone tablet in fathers car- child was being supervised, and father promptly brought child to the fire station- NO endangerment

Compare ex. mother kept unsecured prescription drugs in a drawer where she knew her daughters would likely find them. Daughters had gained access to the drawer multiple times while they were alone= This was Reckless Endangerment

Question 27

Leaving child alone briefly is not typically endangerment. But what is?

Answer 27

Failing to search after the child wanders away.

Mother left child alone in front of the TV. This was not endangerment, even though the child had previously wandered from the home. After the first incident, the family had installed a deadbolt (which had been left open by their teenage son )

Mothers conduct after she discovered the child missing DID amount to endangerment: she onlt searched 10 minutes, did not call police, and had no immediate plans to continue searching. Mother failed to take reasonable steps to alleviate a substantial risk of serious bodily injury to the child.

Question 28

True or false:

In all cases, be sure to correctly charge endangerment.

Answer 28

True.

ex. husband and wife adopted 2 children, 10 and 8. On regular basis,husband touched the 8 year old, penetrated her vagina and anus, and made her touch his penis. Wife was charged with Reckless endangerment (Inaction). Unfortunately, the indictment stated that she had recklessly exposed the 8 year old to “substantial bodily injury” instead of “sexual abuse”. Because there was no evidence of serious bodily injury in this case, the wife had to be acquitted of the improperly drafted charge.

Question 29

A&B on a Child with Substantial Injury and Reckless endangerment of a Child are:

Answer 29

2 separate charges.

A&B on a child with substantial bodily injury is distinct from reckless endangerment of a child. A defendant may be charged with both since each offense requires proof of an additional element that the other does not.

Ex. defendant hit child with a belt and caused serious injuries to the child’s anus that required surgery. At the same time, child endangerment occurred because the defendant purposely disregarded the risk of injury when he used a belt in this manner. While actual injury is not required to prove child endangerment, the presence of and injury does not eliminate this charge either.

Question 30

True of False?

Police departments may not disseminate information until SORB classifies an offender after a hearing.

Answer 30

True.

Question 31

What is the purpose of the Sex Offender Registry Board?

Answer 31

to counteract the danger of recidivism posed by sex offenders.

Question 32

Sex Offender (SO): A person who resides, works , or attends and institution of higher learning in Massachusetts, and who has been: (3)

Answer 32

1. convicted, or adjudicated delinquent, of a sex offense; or
2. Released from incarceration, parole, probation, or DYS; or
3. Adjudicated a sexually dangerous person

• Sex offender classification must be by clear and convincing evidence

Question 33

What is the standard of evidence for sex offender classification?

Answer 33

Clear and convincing evidence.

(which means 75% certainty)

Question 34

A person who has been convicted or adjudicated of a sexually violent offense AND suffers from a mental abnormality making the person likely to engage in sexual violence.

Answer 34

Sexually Violent Predator:

Question 35

Sexually Violent Predator:

Answer 35

A person who has been convicted or adjudicated of a sexually violent offense AND suffers from a mental abnormality making the person likely to engage in sexual violence.

Question 36

Sexually Violent Predator:

A person who has been convicted or adjudicated of a sexually violent offense AND suffers from a (blank) making the person likely to engage in sexual violence.

Answer 36

mental abnormality

Question 37

Is knowledge an element of: Failure to Register; Failure to verify his registration information; Fail to provide notice of change of address; Provide false information?

Answer 37

Yes.

“An SO must knowingly…”

Question 38

Sex Offender Registration Offenses:

Sex Offender must knowingly: (4)

Answer 38

1. Fail to register
2. Fail to verify his registration information
3. Fail to provide notice of change of address (home, employment, institution of higher education
4. Provide false information.

Arrest on Probable Cause

Question 39

Is there a statute that says an officer may arrest a sex offender on probable cause for ANY violation of the sex offender law?

Answer 39

Yes.

Although they are mostly (not all) felonies anyway, statue provides this authority on probable cause for any sex offender law violation.

Question 40

Misuse of Registry Information:

Information from the SO registry shall not be used to commit a crime against a sex offender, or to engage in:

Answer 40

illegal discrimination or harassment.

-misdemeanor

Question 41

Any person placed on probation for a sex offense listed in 178C must:

Answer 41

wear a GPS device for the length of his probation.

*This requirement does not extend to defendants whose cases are continued without a finding.

Question 42

Any person placed on probation for a sex offense listed in 178C mustwear a GPS device for the length of his probation.

This requirement does not extend to:

Answer 42

defendants whose cases are continued without a finding.

Question 43

True or false:

Criminal Parole Supervision for Life is unconstitutional because it improperly gives the parole board judicial powers to impose sentences.

Answer 43

True.

Question 44

Sex offender Registration Offenses:

Fail to register;
Fail to verify his registration information;
Fail to provide notice of his change of address; or
Provide false information

ROA:

Answer 44

All felonies.

Question 45

Sex Offender Operating an Ice Cream Truck:

What levels of sex offender does this apply to?

Answer 45

1, 2, and 3.

All 3 levels.

Arrest on PC.

Question 46

Sex offender registration offenses:

ROA:

Answer 46

“Whenever a police officer has probable cause to believe that a sex offender has failed to comply with ANY registration requirements, the officer shall have the right to arrest the SO without a warrant and the keep the SO in custody”

also these are felonies anyway

Question 47

Misuse of registry information:

ROA:

Answer 47

Complaint

(unless breach of peace in presence)

Question 48

Sex offender operating ice cream truck:

ROA:

Answer 48

Arrest on Probable Cause.

Question 49

Sex Offender Registration violations:

Venue:

Answer 49

Violations may be prosecuted in any county where the sex offender knowingly:

1. Failed to register
2. Failed to verify registration
3. Failed to provide notice of a change of address; or
4. Provided false information

Ex. defendant moved from
Barnstable to Yarmouth and failed to appear in either place to verify his registration data; Barnstable police had authority to arrest him even though he no longer lived there.

Question 50

Sex Offender Registration Duties:

All information is sent to the:

Answer 50

SORB

Question 51

From outside Massachusetts:

SO from outside of Massachusetts shall:

Register by mail within (blank) days of moving into the Commonwealth.

Answer 51

2 days.

Question 52

Sex Offender Registration Duties:

An incarcerated SO must register (blank) days before release.

Answer 52

2 days.

Question 53

From outside Massachusetts:

SO from outside of Massachusetts shall:

Notify the board within (blank) days of beginning employment here.

Answer 53

2 days.

Question 54

From outside Massachusetts:

SO from outside of Massachusetts shall:

Register by mail within (blank) days of attending or transferring to an institution of higher learning within Massachusetts.

Answer 54

2 days.

Question 55

From outside Massachusetts:

Any out of state sex offender who moves to Massachusetts must register if his out of state conviction is a (blank) of a Massachusetts offense.

Answer 55

“like violation”

To be a like violation, the elements must be the same or nrealy the same.

Ex. defendant was convicted in Nevada of attempted child sexual assault, which was sufficiently like the Massachusetts offence od Indecent A&B

Question 56

From Within Massachusetts: Sex Offender who lives within Massachusetts shall:

Notify the SORB not less then: (blank) days from moving out of the Commonwealth.

Answer 56

10 days.

The board shall notify the Sex Offender of his duty to register in the new jurisdiction and forward a copy of his data to police there.

Question 57

From Within Massachusetts: Sex Offender who lives within Massachusetts shall:

Register by mail not less than: (blank) days prior to changing any full or part-time residence or work address within the Commonwealth.

Answer 57

10 days.

Question 58

From Within Massachusetts: Sex Offender who lives within Massachusetts shall:

Register by mail within: (blank) days of attending, transferring to, or transferring from a Massachusetts institution of higher learning.

Answer 58

10 days.

Institution of higher learning defined as: “ any public or private post- secondary (post high school) educational, vocational, professional or trade institution, college, university, or school”

Question 59

A secondary address is where the Sex Offender lives for a period of Not More Than (blank) days in a calendar year, or resides for 4 or more days in a month.

Answer 59

NMT 14 days

The SO must stay overnight at the secondary address.

Ex. defendant registered as homeless but was staying with his aunt while he looked for a place to live; a witness testimony that she saw him at the aunt apartment complex during the day, almost every day in July, did not prove that he ever spent a night at the apartment; This was insufficent proof that he lodged there for either 14 days in a calendar year, or 4 days in a month.

Question 60

A secondary address is where the Sex Offender lives for a period of Not More Than 14 days in a calendar year, or resides for (blank) or more days in a month.

Answer 60

4 or more days.

The SO must stay overnight at the secondary address.

Ex. defendant registered as homeless but was staying with his aunt while he looked for a place to live; a witness testimony that she saw him at the aunt apartment complex during the day, almost every day in July, did not prove that he ever spent a night at the apartment; This was insufficent proof that he lodged there for either 14 days in a calendar year, or 4 days in a month.

Question 61

The (blank) is the sex offenders primary residence.

Answer 61

The home address.

The term applies some greater degree of permanence than a secondary address, and depends on the facts of the case.

Question 62

A booking sheet may be used as evidence of the Sex Offender’s current address, but there must be testimony that the SO:

Answer 62

provided the information to police and acknowledged it was true.

Question 63

The requirement that Sex Offenders provide 10 days notice before relocating applies to any intended change of residence, including:

Answer 63

secondary ones.

Ex. The defendant was classifed as a sex offender by the SORB; he indicated on his written form that he was homeless and did not list any secondary address; the defendant’s overnight stay at a woman friend’s house from Friday through tuesday morning established a secondary address that he was required to list; consequently, the defendant failed to properly register.

Question 64

True or false:

There must be sufficent evidence that the Sex Offender chanfged his address (without properly registering).

Answer 64

True.

SO failed to report to a meeting with his probation officer, was not home when she went to his residence a week later, and left her a phone message that he was “staying with a friend” but did not indicate the length of stay- this was insufficient evidence that he had changed his address without properly registering.

Question 65

Sex Offender: Address Issues:

Change of address occurs when moving process:

Answer 65

ALMOST over.

Ex. although defendant claimed he was in the process of moving, the evidence proved that his new apartment was his primary residence at time of arrest.

Question 66

Does homelessness justify failure to register?

Answer 66

it MIGHT.

• While homeless SO’s must comply with the registration requirements, a defendant’s failure MIGHT be justified if it would be impossible to provide 10 days notice of a change of address- ex the defendant’;s lodging is dependent on a lottery at a homeless shelter.

Question 67

While simply forgetting is not an excuse, a psychological impairment may render a sex offender:

Answer 67

incapable of remembering to register.

Alzheimer’s, dementia, amnesia, etc.

Question 68

What is generally sufficient evidence that a sex offender knew he was required to register?

Answer 68

A defendant’s prior history of registering.

Question 69

Although there is a presumption that Sex Offenders should always register, there are 3 exceptions:

Answer 69

1. SORB decides after a hearing that the Sex Offender need not register because risk of re-offense is low.
2. Prosecutor requests that judge find that offender need not register.
3. Judge rules, after a delinquency proceeding, that the juvenile need not register because risk of re-offense is low.

Question 70

The duty of a Sex Offender to register typically ends (blank) years after conviction or release from supervision, whichever occurs LAST.

Answer 70

20 years.

Question 71

The duty of a Sex Offender to register typically ends 20 years after conviction or release from supervision, whichever occurs LAST. If an SO persuades the SORB that he has not committed a sex offense within (blank) years and does not pose a danger, he may have his registration obligation terminated.

Answer 71

10 years.

Question 72

The duty of a Sex Offender to register typically ends 20 years after conviction or release from supervision, whichever occurs LAST. If an SO persuades the SORB that he has not committed a sex offense within 10 years and does not pose a danger, he may have his registration obligation terminated.

On the other hand, the duty to register last for life if the Sex offender was: (4)

Answer 72

1. Convicted of TWO or more sex offenses (defined by the Jacob Wettering Act); or
2. Convited of a sexually violent offense; or
3. Found by the sentencing court to be a sexually violent predator; or
4. Otherwise ordered by SORB

Question 73

Sex Offender Classification Levels:

Level 1: Risk of re-offense is

Answer 73

Low.

No public dissemination: The police SHALL not disseminate information to the public identifying a level 1 SO. The police may give information to corrections, DYS, DCF, DMH, parole, probation, police departments, and the FBI.

Question 74

Sex Offender Classification Levels & Notification Rules:

Level 1:

How often must they verify registration data, and how?

Answer 74

Annual verification by mail of registration data.

Question 75

Sex Offender Classification Levels & Notification Rules:

Level 1 Sex Offender who list a homeless shelter as his residence shall verify registration data:

Answer 75

In writing, every 30 days.

Question 76

Sex Offender Classification Levels & Notification Rules:

Level 1

In each subsequent year during the SO’s month of birth, the board shall mail a non-forwardable verification form to his last reported address, which the SO must sign and mail within:

Answer 76

5 day- to the SORB

Question 77

Sex Offender Classification Levels & Notification Rules:

The board shall periodically, at least (blank), send written notice to a city or town police department regarding any Sex Offender required to register, whose last known address was there, but who has failed to register or verify his information.

Answer 77

at least annually.

Question 78

A homeless SO (all 3 levels) must wear a:

Answer 78

GPS device from probation.

Question 79

Sex Offender Classification Levels & Notification Rules:

Level 2: Risk of re-offense is:

Answer 79

moderate.

and this degree of dangerousness means that public safety is served by “public availability of registering information”

Question 80

essentially,

Level 1- police cannot disseminate or give out information even on request

level 2- registry information is available to the public

Level 3- police *actively” disseminate registry information

Answer 80

no question, no answer- just re read for comprehension

Question 81

Does SORB publish information regarding all Level 2 sex offenders on the internet?

Answer 81

Yes.

Question 82

Sex Offender Classification Levels & Notification Rules:

Risk of re-offense is:

Answer 82

high.

And this degree of dangerousness means that a substantial public safety interest is served by: Active public dissemination of registry information.

“Megan’s Law”

Question 83

Sex Offender Classification Levels & Notification Rules:

Levels 2 & 3:

Annual verification of registration data by (blank) at the local police department where the offender lives, attends an institution of higher learning, or works (if the offender resides out of the commonwealth). The SO’s photograph and fingerprints shall be updated.

Answer 83

by personal appearance

Question 84

Sex Offender Classification Levels & Notification Rules:

Levels 2&3:

In each subsequent year during the SO’s month of birth, the board shall mail a non-forwardable verification form to the last reported address, which the SO must sign and (blank) to his local police department within (blank)

Answer 84

Present IN PERSON, within 5 DAYS.

-Sex offender is not required to register in the month of his birth until the calendar year after the original registration.

Question 85

Sex Offender who lists a homeless shelter as his residence shall verify registration data (blank) every (blank).

Answer 85

In person, every 30 days.

Question 86

A homeless SO must wear a :

Answer 86

GPS device from probation.

Question 87

A sexually violent predator shall appear (blank) at the police station (blank) to verify registration data.

Answer 87

In person, every 45 days.

Question 88

Registration verification:

Level 1:

Answer 88

Annually, By Mail (subsequent years, within 5 day)

Question 89

Registration verification:

Level 2:

Answer 89

Annually, In Person (subsequent years- within 5 day)

Question 90

Registration verification:

Level 3:

Answer 90

Annually, In Person (subsequent years- within 5 day)

Question 91

Registration verification:

Home Sex Offender:

Answer 91

In person, Every 30 days

Question 92

Registration verification:

Sexually Violent Predator

Answer 92

In Person, Every 45 days

Question 93

Registration verification:

2 and 10 rule:

1.) Incarcerated:

2.) Outside to inside Mass

3.) Inside Mass:

Answer 93

1.) within 2 days (before release)

2.) within 2 days

3.) Not less than 10 days

Question 94

Sex Offenders:

Who do they notify?

Answer 94

SORB

Question 95

Level 3 Active Community Notification Duties:

True or false?

Neighboring departments share information

Neighboring police districts SHALL share Level 3 Registration information and may inform the residents of their municipality of a sex offender they are likely to encounter who resides in an adjacent city or town.

Answer 95

True.

Question 96

Level 3 Active Community Notification Duties:

True or false?

Notification of organizations and individuals.

The police department SHALL notify organizations and individuals in the community that they are likely to encounter a level 3 Offender or Sexually Violent Predator.

Answer 96

True.

Question 97

Level 3 Active Community Notification Duties:

Who receives mandatory notification?

Answer 97

Schools.

Community notification shall require notification of all schools in the community.

Question 98

Level 3 Active Community Notification Duties:

Discretionary notification:

The Chief of Police may notify other public and private organizations, such as:

Answer 98

day care centers, youth/ recreational programs, and organizations providing elder services, as deemed necessary to protect public safety.

Question 99

Level 3 Active Community Notification Duties:

Methods of notification: The method of community notification shall include, but is not limited to: (3)

Answer 99

1. Publication in local newspapers and/or announcement via local cable TV;
2. Posting in the local town or city hall, libraries, and other public areas; and
3. A link to the SORB or information about local , Level 3 Sex Offenders on the department’s website.

Note: SORB may no longer publish information on it website about sex offenders who have moved from Massachusetts.

Question 100

Can SORB publish information on it’s website about sex offenders who have moved from Massachusetts?

Answer 100

No.

Question 101

Level 3 Active Community Notification Duties:

Level 3 community notification shall occur within (blank) from the police department receiving transmission from the SORB, which encourages immediate notification whenever practical.

Answer 101

2 business days

Question 102

Level 3 Active Community Notification Duties:

Level 3 community notification shall occur within 2 business days from the police department receiving transmission from the SORB, which encourages immediate notification whenever practical.

After that:

Answer 102

Annually.

Police departments shall actively disseminate Level 3 offender information at least once annually.

Question 103

Level 3 Active Community Notification Duties:

Level 3 community notification shall occur within 2 business days from the police department receiving transmission from the SORB, which encourages immediate notification whenever practical.

However, if a Level 3 offender has been designated a Sexually Violent Predator, community notification shall occur:

Answer 103

Every 90 calendar days.

Question 104

Must a Sex Offender update changes in work address, even if performing as an independent contractor?

Answer 104

Yes.

Question 105

True or false?

Community notification shall occur each time a Level 3 offender changes his home address or work address; enrolls as a student or obtains employment at an institution of higher learning; or transfers from an institution of higher learning.

Answer 105

True.

Question 106

Public Access to Offender Information:

A person who requests SO registry information shall: (3)

Answer 106

1. Be 18 or older and appear in person at the station with Proper ID
2. Registry information for his own protection, or for the protection of a child under the age of 18, or another person for whom this person has responsibility, care, or custody; and
3. Complete and sign a record of inquiry which shall include his name and address, the person or geographic area or street which is the subject of the inquiry, the reason for the inquiry, the date and time, and a warning regarding the crime of improperly using SO registry information to engage in illegal discrimination or harassment.

Question 107

Public Access to Offender Information:

The person making the inquiry may either: (3)

Answer 107

1. Identify a specific individual by name or provide personal identifying information sufficient to allow the police to identify the subject; or
2. Inquire whether any SO’s live or work or attend an institution of higher learning within the same city or town near residential address, a business address, school, day care center, playground, recreational area, or other indentified address or zip code; or
3. Inquire whether any SO’s live or work within another city or town, upon a reasonable showing that the information is requested for his own protection, or for the protection of a child under 18, or another person for whom this person has responsibility.

Question 108

Public Access to Offender Information:

If the search of the registry results in the identification of a Sex Offender classified at Level 2 or Level 3: The police shall disseminate at no cost to the person making the inquiry; (5)

Answer 108

1. The name of the sex offender
2. The home, work or institution of higher learning address (if located in the area of inquiry)
3. The offense he committed and date of conviction
4. The SO’s age, sex, race, height, weight, and eye and hair color; and
5. A photograph of the SO, if available

Question 109

Public Access to Offender Information:

The police SHALL not release information identifying the victim by:

Answer 109

name, address, or the victim’s relation to the offender.

Question 110

Public Access to Offender Information:

Responses to the public shall occur within (blank) of receiving the request.

Answer 110

2 business days.

The board, however, encourages immediate notification whenever practical. When a member of the public provides a request that identifies a particular sex offender, and the police department is aware that the offender is Level 3 and/or a Sexually Violent Predator, the police department shall disseminate information:

Question 111

Public Access to Offender Information:

When a member of the public provides a request that identifies a particular sex offender, and the police department is aware that the offender is Level 3 and/or a Sexually Violent Predator, the police department shall disseminate information:

Answer 111

immediately.

Question 112

As a probation condition, GPS monitoring of a sex offender may typically be ordered to protect the victim, not for the purpose of:

Answer 112

general crime deterrence.

Question 113

Sex Offender Registration and GPS monitoring are not mandatory for:

Answer 113

juveniles upon commitment to DYS.

Instead, the judge has discretion based on the facts of the case

Question 114

Does the crime of providing false information (sex offender registry) require an intent to deceive?

Answer 114

No.

Ex. Defendant argued that he could not be convicted of knowingly providing false information without proof of an intent to deceive. Since his information was obviously a joke and police knew where he lived, he argued that no violation occurred. The court disagreed. Whether his information could deceive was irrelevant- it was enough that he knew it was false.

Question 115

However, the SO must know that he is providing false information:

Example of sufficient evidence for conviction

Answer 115

Even though he had his main home in Florida, the defendant was a Massachusetts resident. He had a Massachusetts drivers license and was staying at a friends home in Sheffield. He had been told twice by the police to register.

Question 116

However, the SO must know that he is providing false information:

Example of insufficient evidence for conviction

Answer 116

The prosecution did not prove that the defendant knwingly provided false information when he listed his residence as a homeless shelter, but was discovered living in another person’s apartment. Since the shelter had a waiting list, the defendant may have lived there most of the time, but sought an alternative arrangement when he could not get in.

Question 117

True or false?

A police officer working in conjunction with the SORB may officer registry records into evidence at trial.

Answer 117

True

“business records”

ex. letters from SORB addressed to the defendant informing him that he was required to register as a Level 3 offender.

Question 118

May cities and towns impose restrictions on the right of sex offenders to live there?

Answer 118

No.

unconstitutional

Question 119

Once the court reclassifies an offender, it cannot impose:

Answer 119

more stringent restrictions

Question 120

Can sex offenders be banned from social media?

Answer 120

No.

violates 1st amendment

Question 121

No person shall engage in ice cream truck vending unless he has a:

Answer 121

valid permit

-within the municipality where he lives or intends to operate an ice cream truck.

Question 122

Ice Cream Truck Vending:

Who is the Permitting authority?

Answer 122

The chief of Police or designee.

Question 123

No person shall engage in ice cream truck vending unless he has a valid permit within the municipality where he lives or intends to operate an ice cream truck. 3 rules:

Answer 123

1. The permit must be displayed and clearly visible on the WINDSHIELD of any ice cream truck
2. The annual permit process must include a uniform application developed by EOPSS with the applicant;s fingerprints and a current photo, and criminal history check.
3. No permit may be issued to a sex offender.

Question 124

Ice Cream Truck Vending:

For failure to have a permit and other violations:

ROA:

Answer 124

Fine of $500 per day, however ROA is: Complaint

Question 125

Ice Cream Truck Vending

For vending by sex offender

ROA:

Answer 125

Warrantless arrest on Probable Cause.

Question 126

Contributing to Delinquency of a Minor:

Elements: (3)

Answer 126

1. The suspect KNOWINGLY caused, induced, or encouraged;
2. The delinquent (that is, criminal) conduct;
3. Of a minor (who is at least age 12, but not yet 18)

Question 126

Contributing to Delinquency of a Minor:

ROA:

Answer 126

Complaint, unless breach of peace in presence.

Question 127

Contributing to Delinquency of a Minor:

Jurisdiciton:

Answer 127

If a complaint issues for Contributing to the Delinquency of a Minor, it is under the exclusive jurisdiction of the Juvenile Court.

However, offenders may also be indicted for this offense, in which case the superior court has jurisdiction.

Question 128

Contributing to Delinquency of a Minor:

True or false?

Adults must know they are contributing to the minor’s crime.

Answer 128

True.

Question 129

Contributing to Court or Custody Violation of a Minor:

Elements:

Answer 129

The suspect is 19 years of age or older; and

Willfully
-aided a child to violate a juvenile court order
-concealed or harbored a child who took flight from the custody of the court, a parent, legal guardian, DCF, or DYS

Question 130

The suspect is 19 years of age or older; and

Willfully
-aided a child to violate a juvenile court order
-concealed or harbored a child who took flight from the custody of the court, a parent, legal guardian, DCF, or DYS

Answer 130

Contributing to Court or Custody Violation of a Minor

Question 131

Contributing to Court or Custody Violation of a Minor

ROA:

Answer 131

Complaint

unless breach of peace in presence

Question 132

Contributing to Court or Custody Violation of a Minor:

Minimum age of defendant:

Answer 132

19 year of age or older

Question 133

Contributing to Court or Custody Violation of a Minor

Court jurisdiction:

Answer 133

Juvenile court has exclusive jurisdiction to hear cases brought under this charge.

Question 134

Contributing to Court or Custody Violation of a Minor

Valid legal defense:

Answer 134

The defendant may argue that he concealed the child based on a good faith belief that the child was at risk of physical or sexual abuse if he or she returned home.