Even though most people use the terms interchangeably to refer to a person convicted of sex crimes, there is a significant distinction between sexual offenders and predators, both verbally and legally.
Read on to find out more about the difference between a sexual offernder and a predator and how the two are perceived in the eyes of the law.
Sexual Predator vs Sexual Offender – Verbal Difference
First and foremost, there is a lexical difference in the meaning of the words predator vs offender.
- Predator is defined as an animal that preys on other animals. The definition notes that the word predator can be used in figurative speech to describe a person who ruthlessly exploits others.
- Offender, on the other hand, is defined as a person who commits an illegal act, or does something wrong and causes problems.
In that sense, everyone guilty of a sex crime is considered a sexual offender, while only those who are guilty of violent sex crimes or have committed sex crimes repeatedly are sexual predators.
However, the confusion around these two terms is caused by some people (mainly tabloid media and politicians) who prefer using the word predator to describe anyone guilty of a sex offense to invoke an emotional response from the listeners.
In addition, many people even use the term sexual predator to describe an individual with moral beliefs that encourage promiscuity. We hear the phrase ‘on the prowl’ applied to someone who is seeking to engage in consensual sexual activity, which adds to the confusion.
Finally, sexual predators are defined differently in state law between different states as well, so the perplexity goes even deeper.
Sexual Offender vs Sexual Predator – Legal Distinctions
While all states have their own different rules over who is labeled offender and who is labeled predator, generally, offenders with repeated offenses and those who use violence to commit sexual crimes are tried as predators and face more severe consequences.
In some states, offenders guilty of sex crimes with a minor are considered predators, regardless of the severity and the nature of the crime.
For example, according to Illinois sex offender laws, it doesn’t matter if the sex act was done consensually or statutory and against a small child or a teenager. As long as someone is found guilty of a sex crime with a minor, they will be designated a sexual predator.
On the other hand, by sex offender laws in Florida, someone is tried as a sexual predator only if they committed a first-degree sex crime or a second-degree sex crime on multiple occasions.
Overall, the two different terms serve two different purposes in the eyes of the law.
- Sex offender – A person who has been found guilty of a sex crime in their lifetime.
- Sex predator – A person with a history of multiple sex crimes, which may indicate that the person will repeat the offense, and caution is advised.
Even though there is a legal difference between offender and predator, individuals with both labels go to the sex offender registry and face similar consequences. However, because predators are more likely to repeat the offense, they face more rigid reporting requirements and stay on the registry for longer.
Difference Between Sexual Predators and Offenders – Punitive Measures
Anything from lewdness and public indecency to aggravated sexual assault and child molestation falls in the sex crimes category. Depending on the criminal act and the law in the state where it occurred, sex offenders can be charged with misdemeanor or felony charges.
For example, under Texas sex offender laws, offenders can face the following punishments:
- Class C misdemeanor: fines up to $500, with no jail time.
- Class A misdemeanor: fines up to $4,000 and up to one year of jail time.
- Class B misdemeanor: fines up to $2,000 and up to 180 days of jail time.
- State jail felony: between 180 days and two years of jail time.
- Third-degree felony: between two and 10 years of prison time.
- Second-degree felony: between two and 20 years of prison time.
- First-degree felony: between five and 99 years of prison time.
While capital punishment hasn’t been used on a sex offender whose criminal act didn’t result in the victim’s death, multiple states can still sentence sex offenders to life imprisonment without the possibility of release or parole.
Individuals charged with any of these misdemeanor or felony charges are labeled sexual offenders, though only those guilty of first-degree felonies and multiple second-degree felonies are labeled sexual predators. As a result, the punishment for sexual predators is much harsher.
Sex Offender Registry Obligations
Another big difference between a sexual offender and a sexual predator is how long they stay on the sex offender register. The federal law that classifies sex offenders doesn’t have the word predator in it, but rather, it splits sex offenders into three tiers based on the nature and severity of their offenses.
Tier III
Tier III is the most serious classification, assigned to offenders who committed sex crimes punishable with at least one year in prison. Such crimes include sexual abuse, aggravated sexual abuse, abusive sexual contact against a minor younger than 13, and kidnapping a minor.
Tier III sexual offenders have to verify their registry information in person every three months for the rest of their lives. The only exception is for juvenile delinquents, who can stop verifying their registry information after 25 years if they maintain a clean record during this period.
Tier II
Tier II is reserved for sex offenders with less severe criminal acts than tier III offenders but still relatively serious offenses. Some of the offenses that can get offenders classified as Tier II include sex trafficking, coercion and enticement, abusive sexual contact, using a minor in a sexual performance, soliciting a minor for prostitution, or producing or distributing child pornography.
These offenders have to verify their registry information in person every six months for 25 years.
Tier I
Sex offenders convicted of sex crimes not included in tier II and tier III are classified with the tier I classification. Such offenders have to verify their registry information in person for 15 years, and their obligation can be reduced to 10 years if they keep a clean record.
Note that when a sexual offender has been classified as tier I or tier II, their classification will automatically be moved up to tier II or tier III if they engage in sex crimes again. While many tier III offenders are considered predators after their first offense, tier I and tier II offenders can also be deemed predators if they repeat their offense.
Sex Offender Registration Consequences
In addition to prison time, having their name on the sex offender registry is another punishment that sex offenders and predators have to deal with. In most cases, they face social disgrace and humiliation, suffer acts of violence, strain the relationships they had prior to their indictment, have restraints on where they can live, can’t find a job, etc.
Background check services are becoming increasingly popular, which makes it increasingly hard to find employment as a sex offender, particularly as a sexual predator. While offenders for less severe cases can try to get their names off the register, predators remain on it for life.
In many states, sex offenders are prohibited from working in schools, daycare centers, and other jobs that include contact with children. However, employers from all industries are hesitant to employ felons, particularly those with sexual offenses on their records. This leaves them with limited options, and most sex offenders look for jobs that don’t do background checks.
The Bottom Line
In summary, all sexual predators are sex offenders, though not all sex offenders are sexual predators. Only those guilty of severe and violent crimes and those who have repeatedly committed sexual crimes are considered predators.
The distinction between the two terms aims to indicate that predators are dangerous because of the circumstances of the crimes they committed or because they have done so multiple times, so it is likely they will do it again.
Sex offender, on the other hand, is an umbrella term for all who have been found guilty of any sex crime, from indecent exposure to aggravated sexual assault.
