Sex Crimes, Sex Offenders "if" meaning

[bbarrall]

Jurisdiction

Delaware

Title 11 4333 Delaware code states the following"
a) The period of probation or suspension of sentence shall be fixed by the court subject to the provisions of this section. Any probation or suspension of sentence may be terminated by the court at any time and upon such termination or upon termination by expiration of the term, an order to this effect shall be entered by the court.

(b) The length of any period of probation or suspension of sentence shall be limited to:

(1) Two years, for any violent felony in this title as designated in § 4201(c) of this title;

(d) The limitations set forth in subsections (b) and (c) of this section shall not apply:

(1) To any sentence imposed for a conviction of any sex offense as defined in § 761 of this title if the sentencing court determines on the record that a longer period of probation or suspension of sentence will reduce the likelihood that the offender will commit a sex offense or other violent offense in the future;

Question, does the word IF introduce a condition that must be met for the courts to increase the length of probation for a sex offense?

 

[army judge]

Question, does the word IF introduce a condition that must be met for the courts to increase the length of probation for a sex offense?

Intuitively, IF "implies", perhaps "imposes" PRECISELY that which seems to puzzle you.

However, as a law student, we were admonished regularly to read and interpret what the statue IMPOSES, rather than implying or inferring it's meaning.

 

[adjusterjack]

Question, does the word IF introduce a condition that must be met for the courts to increase the length of probation for a sex offense?

No, not a condition. The way it reads - sentence has already been imposed.

"If" gives the court the discretion to make the probation or suspension longer if the judge decides that it's necessary.

 

[Zigner]

Title 11 4333 Delaware code states the following"
a) The period of probation or suspension of sentence shall be fixed by the court subject to the provisions of this section. Any probation or suspension of sentence may be terminated by the court at any time and upon such termination or upon termination by expiration of the term, an order to this effect shall be entered by the court.

(b) The length of any period of probation or suspension of sentence shall be limited to:

(1) Two years, for any violent felony in this title as designated in § 4201(c) of this title;

(d) The limitations set forth in subsections (b) and (c) of this section shall not apply:

(1) To any sentence imposed for a conviction of any sex offense as defined in § 761 of this title if the sentencing court determines on the record that a longer period of probation or suspension of sentence will reduce the likelihood that the offender will commit a sex offense or other violent offense in the future;

Question, does the word IF introduce a condition that must be met for the courts to increase the length of probation for a sex offense?

It appears that you didn't site the entire code section. I understand that there are times where this may be appropriate, but you should make it clear when you exclude portions.

Reading a snippet of a code section without the full context of the matter doesn't give us the ability to do more than guess. You should speak to an attorney who has knowledge of the facts surrounding the matter.

 

[Tax Counsel]

The "if" in that sentence effectively means that the Court has to specifically state what the extended sentence is and why it is being imposed. If the Court does not do that, the sentence is limited as stated above that subsection.

There is generally a formal process for this, particularly in felony cases. Typically, both the defendant's attorney and the prosecutor submit written arguments to the judge arguing for the sentence they think the judge should impose. The judge will take those submissions, along with the evidence presented in the trial, the state sentencing statute, and any sentencing guidelines the state supreme court or state legislature has adopted, and determine the sentence that will be imposed. If the judge imposes the longer sentence, the judge will have to expressly state that is applying that sentencing statute and explain why the judge believed the enhanced sentence was appropriate.