Frequently Asked Questions: Sentences for Sex Offenders Convicted of a Criminal sex Offense Involving a Child

 

A criminal sex offense involving a child is a conviction for any criminal sex offense in which the victim was a child under the age of 12 and any offense involving child pornography.  

 

Q: Are there mandatory minimum sentences for a sex offender convicted of a criminal sex offense involving a child?

A: Yes. Pursuant to Section 13A-5-6(a)(4) and (5), a person convicted of a Class A felony criminal sex offense involving a child must receive a mandatory minimum of 20 years.  A person convicted of a Class B felony criminal sex offense involving a child must receive a minimum of 10 years.

 

Q: Can a sex offender convicted of a criminal sex offense involving a child receive probation?

A: According to Section 15-18-8(b), a person convicted of a criminal sex offense involving a child which constitutes a Class A or B felony may not be granted probation.

 

Q: Is a sex offender convicted of a criminal sex offense involving a child subject to any additional post-release supervision?

A: Pursuant to 13A-5-6(c), an offender designated as a sexually violent predator or a sex offender convicted of a Class A felony criminal sex offense involving a child who is sentenced to the county jail or DOC shall receive an additional penalty of not less than 10 years of post-supervision release.

 

Q: Can a sex offender convicted of a criminal sex offense involving a child receive good time?

A: No. According to Section 14-9-41(e), no person may receive the benefits of correctional incentive time if he or she has been convicted of a criminal sex offense involving a child.

 

Q: Can a sex offender convicted of a criminal sex offense involving a child be paroled?

A: Section 15-22-27.3 states that any person convicted of a criminal sex offense involving a child which constitutes a Class A or B Felony is not eligible for parole.

 

Q: Can a sex offender convicted of a criminal sex offense involving a child receive a split sentence?

A: Section 15-18-8 prohibits a person who is convicted of a criminal sex offense involving a child which constitutes a Class A or B felony from receiving a split sentence.