Legislature(2011 - 2012)CAPITOL 120
02/09/2011 01:00 PM House JUDICIARY
Audio | Topic |
---|---|
Start | |
HB80 | |
HB127 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | HB 80 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | HB 127 | TELECONFERENCED | |
HB 127 - CRIMES INVOLVING MINORS/STALKING/INFO 2:25:42 PM CHAIR GATTO announced that the final order of business would be HOUSE BILL NO. 127, "An Act relating to the crimes of stalking, online enticement of a minor, unlawful exploitation of a minor, endangering the welfare of a child, sending an explicit image of a minor, harassment, distribution of indecent material to minors, and misconduct involving confidential information; relating to probation; and providing for an effective date." 2:26:01 PM DOUGLAS MOODY, Deputy Director, Criminal Division, Central Office, Public Defender Agency (PDA), Department of Administration (DOA), referred to Section 7 of the bill, which pertains to sending an explicit image of a minor, and he opined that as currently written it is too broad and will apply to people that the legislature does not intend. He noted that the language in subsection (b) exempts a minor who "publishes or distributes an electronic or printed photograph, picture, or film that depicts the minor's own genitals, anus, or female breast", but it does not exempt a minor who, for example, takes of photo of his minor girlfriend's breast, with her consent, and sends it to her alone. He offered his understanding that the bill is really meant to address those that are engaging in wide distribution or those promoting child pornography. Another example, he said, is four girls at Mardi Gras, where one of the girls takes a photo of the other three flashing their breasts, sends the photo to one of the girls in the photo, who then sends the photo to the other two. Even though all those receiving the photo were involved, under HB 127 the two girls who distributed the photo would be liable. He said he does not think that those are the kind people that the legislature is trying to target. MR. MOODY offered a third example wherein he takes a photo of his four-year-old child at a birthday party attended by four- year-olds, and a two-year-old has stripped off his clothes and is shown running around naked in the background of the photo. He then sends the photo to his mother so that she can see her grandson at the party. He said he would be liable for sending that photo because the naked two-year-old is in it, and furthermore, would be charged with a felony if he sent the photo to his mother via the Internet. He said high school children send photos as attachments to text messages, by instant messaging (IM), and via e-mail, and the data gets sent over the same fiber optics path. He expressed concern that young people or innocent adults who are not predators are going to be convicted, and perhaps a young person thus convicted would subsequently find barriers to applying for college in another state or for military service. 2:32:43 PM CHAIR GATTO noted that a generation ago, children may have wished they had a camera to show their parents when someone was being a sexual deviant, but now it seems that everyone has a camera and "we can overdo it." He characterized [Section 7] as very difficult. He surmised that receiving input from teenagers regarding the effects of how harmful "something like this" is or is not would be beneficial. He remarked that teenagers often think adults overreact. He indicated that [sexual deviance] is easy to recognize but hard to legislate. 2:35:54 PM JESSICA LUIKEN, Participant, Alaska Close-Up program, related that she is 17 and a junior in high school. She said she understands Mr. Moody's comments regarding the transmittal of a photo to his mother. However, with regard to the comment about teenagers sending photos to teenagers and other minors, she expressed concern that those photos could be sent to an adult and to so many other people. She offered her belief that part of society is attempting to remove such pictures from the Internet so as to protect youth, which she said may help others stand their moral ground. She said she has never taken part in sharing such photos, because she does not socialize with those who do. In response to Representative Holmes, she offered her belief that punishment may be extreme, because it may conflict with a person's right to his/her own belief. Notwithstanding that, she said she does not like the degradation of young women or when some women exhibit low self-esteem. She said the text messages and images do not show respect for women. In response to Chair Gatto, she said although she abhors such behavior and does not believe that it should happen, she sees that society has become somewhat immune to it. CHAIR GATTO opined that everyone has a vested interest in ensuring that all children are protected, and he reiterated how difficult a task it is to stop others from having a negative effect on a child's future. 2:44:05 PM REPRESENTATIVE PRUITT offered his belief that the bill is meant to address those with malicious intentions towards children. He asked Ms. Luiken if she could relate what kind of activity seems more prevalent in high school. MS. LUIKEN answered that she is not familiar with the actions of other teens in high school, because she has been home schooled and has standards different from some other teenagers. She said she is still formulating her thoughts on this issue. In response to a question, she said she does have a Facebook account but does not accept "friend" requests from people she does not know. CHAIR GATTO acknowledged that addressing this issue could be difficult. 2:48:28 PM TIFFANY BOITNOTT, Participant, Alaska Close-up program, noted that she is 15 and is home schooled. She said she has a Facebook account, and after giving her e-mail address when signing up began receiving e-mails with graphic links to the Internet. She said it would be nice if that did not happen. In response to the chair, she said she deletes those e-mails without opening them. 2:54:00 PM MS. LUIKEN, in response to comments, relayed that there are teenagers that do not support the sending of graphic material. She opined that the younger a person is when he/she takes part in sending graphic images, the harder it will be for him/her to disengage from such behavior. 2:54:58 PM MS. BOITNOTT added that she has a 12-year-old cousin who has received disturbing e-mails, but he has taken her advice to delete them. [HB 127 was held over.]
Document Name | Date/Time | Subjects |
---|---|---|
HB80 Hearing Request 02-02-11.pdf |
HJUD 2/9/2011 1:00:00 PM |
HB 80 |
HB80 Witness List 02-02-11.pdf |
HJUD 2/9/2011 1:00:00 PM |
HB 80 |
HB80 Version A 01-18-11.pdf |
HJUD 2/9/2011 1:00:00 PM |
HB 80 |
HB80 Fiscal Note-DPS-AST-02-07-11.pdf |
HJUD 2/9/2011 1:00:00 PM |
HB 80 |
HB80 Sponsor Statement 02-08-11.pdf |
HJUD 2/9/2011 1:00:00 PM |
HB 80 |