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contrlbuting to a delinquency of a minor, or any felony violation of Section 288.2, sending <br />harmful material to a minor with sexual intent; any statutory predecessor that includes all <br />elements of one of the above-mentioned offenses; or any person who since that date has been <br />or is hereafter convicted of the attempt or conspiracy to commit any of the above- mentioned <br />offense. <br />As to the issues of statutory rape cases, Penal Code 261.5, 290 and 290.006, do not require <br />registration for the offense. Penal Code 261 .5 prohibits sexual intercourse with persons under <br />18 years old. (Penal Code § 261.5(a).) In general, the penalties for violating the statute vary <br />depending upon whether there is an age difference of more than two years, more than three <br />years, or whether the perpetrator is over age 21 and the victim is under age 16. (Penal Code § <br />261.5.) None of the offenses carries mandatory registration- <br />Penal Code 290.006 gives the court discretion to impose registration in any offense wh?:re the <br />person committed the offense as a result of "sexual compulsion or for purposes of sexual <br />gratification." This statute provides a good mechanism to distinguish between young offenders <br />who may be sexual predators and/or dangerous and young offenders who fall into the facts as <br />described above. The offenders described above are not likely to be required to register. <br />On the other hand, some individuals who violate Penal Code 261.5 -even at a young age - <br />were identified and found to be sexual predators and/or dangerous by the court. If those are the <br />facts, then it would not be wise to exclude all registrants who violate Penal Code 261.5 from the <br />proposed park-restriction law. <br />Another statute pertaining to unlawful sex with minors is Penal Code section 288. Among other <br />things, that section punishes those who sexually molest a child under 14, or molest a child who <br />is 14 or 15 years old where the perpetrator is more than 10 years older than the child. (Penal <br />Code §288(c)(1).) Individuals who violate Penal Code 288 are required to register under Penal <br />Code section 290 should not be excluded from the proposed park-restriction statute. <br />Obviously, there is no requirement for registration for urinating in public, usually municipal code <br />violations. <br />The OCDA consulted its prosecutors in the Sexual Assault Unit, including the supervisor of the <br />Unlt, Assistant District Attorney Rosanne Froeberg. They all strenuously advised against <br />narrowing the application of the ordinance stating that law enforcement cannot classify 290 <br />registrants based upon the particular type of sex offense they commit and predict the type of <br />future sex offense based upon past sex offenses. Just because a 290 registrant's prior sex <br />offense did not involve a child does not mean his future offenses will not involve children. <br />SEX OFFENDERS VIOLATE AGAINST BOTH ADULTS AND CHILDREN <br />A case in point is one of Orange County's most notorious and dangerous serial killers, Rodney <br />Alcala. Alcala's first known victim was an adult female. He sexually assaulted her in an alley <br />while he was serving in the U.S. Army. His future victims included both children and adults. In <br />1968, he violently kidnapped and brutally sexually assaulted an 8-year-old girl he had never <br />met. In 1971 and 1977, he brutally sexually assaulted and murdered two women in New York, <br />both 23 years old. After returning to California, he raped, sodomized and murdered 18-year-old <br />Jill Barcomb by smashing her face with a rock and strangling her in November 1977. In <br />December 1977, Alcala raped, sodomized and murdered 27-year-old Georgia Wixted by beating <br />her face with a claw hammer and strangling her. In June 1979, Alcala raped and murdered 33- <br />50A-11