Attachment C

Definitions

Sexually Violent Predator (SVP) means a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior. “Danger to the health and safety of others” does not require proof of a recent overt act while the offender is in custody. (Welfare and Institutions Code Section 6600(a)(1), (d)).

Sexually Violent Offense means the following acts when committed by force, violence, duress, menace, fear of immediate and unlawful bodily injury on the victim or another person, or threatening to retaliate in the future against the victim or any other person, and that are committed on, before, or after the effective date of this article and result in a conviction or a finding of not guilty by reason of insanity, as defined in WIC Section 6600, subdivision (a): a felony violation of Section 261, 262, 264.1, 269, 286, 288, 288a, 288.5, or 289 of the Penal Code, or any felony violation of Section 207, 209, or 220 of the Penal Code, committed with the intent to commit a violation of Section 261, 262, 1 264.1, 286, 288, 288a, or 289 of the Penal Code. (Welfare and Institutions Code Section 6600(b)).

Diagnosed Mental Disorder (DMO) includes a congenital or acquired condition affecting the emotional or volitional capacity that predisposes the person to the commission of criminal sexual acts in a degree constituting the person a menace to the health and safety of others. (Welfare and Institutions Code Section 6600(c)).

Predatory means an act is directed toward a stranger, a person of casual acquaintance with whom no substantial relationship exists, or an individual with whom a relationship has been established or promoted for the primary purpose of victimization. (Welfare and Institutions Code Section 6600(e)). 264.1, 286, 288, 288a, or 289 of the Penal Code. (Welfare and Institutions Code Section 6600(b)).

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