Sponsor Statement for SB 323
An Act Relating to Sexual Offenses and Sex Registration
The use of children in the production of sexually explicit material, including photographs, films, videos, and computer images is a form of sexual abuse that can result in physical or psychological harm to the children involved. Individuals who utilize children as sexual objects or are sexually attracted to children often seek out and collect sexually explicit materials for their own sexual gratification. Access to the Internet has become one of the preferred methods of distributing and collecting child pornographic materials; several investigations across the country have revealed thousands of pieces of child pornography in the hands of child pornographers. Congress passed the Child Pornography Prevention Act of 1996 and several states are taking action to strengthen their pornography laws.
The Alaska penalty for distribution of child pornography, a class C felony, is not more than five years. Law enforcement officers are encountering problems in trying to prove distribution. Offenders are often charged with or plead down to possession of child pornography, a class A misdemeanor offense with a penalty of not more than one year in prison, unless the offender is convicted of more than one count and receives a consecutive sentence. SB 323 increases the offense for possession of child pornography to a class C felony, and the offense for distribution to a class B felony offense, punishable by not more than 10 years in prison.
SB 323 also creates the offense of indecent exposure in the first degree if the offender knowingly masturbates within the observation of a person under 16 years of age. This crime will be a Class C felony offense. The bill makes the existing offense of indecent exposure, indecent exposure in the 2nd degree. The penalty for this offense is a class A misdemeanor when committed before a person under 16 years of age, and a class B misdemeanor when committed before a person 16 years or older.
SB 323 requires sex offender registration for the offenses of indecent exposure in the first degree, indecent exposure in the second degree if committed before a minor under the age of 16 for the second offense, and possession of child pornography. Currently, only offenders who are convicted for distribution of child pornography are required to register.
The existence and distribution of child pornographic images creates the potential for many types of harm in the community and presents a clear and present danger to all children. Strengthening the penalties for these crimes sends a clear message that the degradation and exploitation of our children will not be tolerated. Agencies in support of SB 323 include the Department of Public Safety, the Alaska Peace Officers Association, the Anchorage Police Department, UAF Police, and STAR.
Last Updated for 03-31-98
Sponsor Statement for SB 323
An Act Relating to Sexual Offenses and Sex Registration
The use of children in the production of sexually explicit material, including photographs, films, videos, and computer images is a form of sexual abuse that can result in physical or psychological harm to the children involved. Individuals who utilize children as sexual objects or are sexually attracted to children often seek out and collect sexually explicit materials for their own sexual gratification. Access to the Internet has become one of the preferred methods of distributing and collecting child pornographic materials; several investigations across the country have revealed thousands of pieces of child pornography in the hands of child pornographers. Congress passed the Child Pornography Prevention Act of 1996 and several states are taking action to strengthen their pornography laws.
The Alaska penalty for distribution of child pornography is not more than five years. Law enforcement officers are encountering problems in trying to prove distribution. Offenders are often charged with or plead down to possession of child pornography, a class A misdemeanor offense with a penalty of not more than one year in prison, unless the offender is convicted of more than one count and receives a consecutive sentence. SB 323 increases the offenses for possession and distribution of child pornography to class B felony offenses, punishable by not more than 10 years in prison.
SB 323 also creates the offense of indecent exposure in the first degree if the offender knowingly masturbates within the observation of a person under 16 years of age, making it the offense of a Class B felony offense. The bill makes the existing offense of indecent exposure, indecent exposure in the 2nd degree. The penalty for this offense is increased to a class C felony when committed before a person under 16 years of age, and a class A misdemeanor when committed before a person 16 years or older.
SB 323 requires sex offender registration for the offenses of indecent exposure in the first and second degree, and the possession of child pornography. Currently, only offenders who distribute of child pornography are required to register.
The existence and distribution of child pornographic images creates the potential for many types of harm in the community and presents a clear and present danger to all children. SB 323 is intended to help protect our children by inhibiting the creation and distribution of child pornography. Strengthening the penalties for these crimes sends a clear message that the degradation and exploitation of our children will not be tolerated.