02/23/2024 01:30 PM House JUDICIARY

               HB 265-CHILD SEXUAL ABUSE MATERIAL                                                                           
                                                                                                                                
1:35:14 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced  that the first order of  business would be                                                               
HOUSE  BILL   NO.  265,   "An  Act   changing  the   term  'child                                                               
pornography' to 'child sexual abuse material.'"                                                                                 
                                                                                                                                
1:35:32 PM                                                                                                                    
                                                                                                                                
BOB BALLINGER,  Staff, Representative  Sarah Vance,  Alaska State                                                               
Legislature, on  behalf of  Representative Vance,  prime sponsor,                                                               
presented  HB 265.    He said  the bill  would  replace the  term                                                               
"child pornography"  to "child sexual abuse  material" throughout                                                               
Alaska  Statutes.    He  explained   that  while  pornography  is                                                               
generally legal,  children cannot  consent to child  sexual abuse                                                               
material.  In  essence, a misleading term would  be "retired," he                                                               
said, and replaced with a more accurate term.                                                                                   
                                                                                                                                
1:38:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH  asked which  states  had  adopted this  new                                                               
definition [of child pornography].                                                                                              
                                                                                                                                
MR. BALLINGER listed Vermont, Arkansas, California, and Utah.                                                                   
                                                                                                                                
CHAIR VANCE opened invited testimony.                                                                                           
                                                                                                                                
1:39:18 PM                                                                                                                    
                                                                                                                                
MATTHEW DUBOIS, representing self,  gave invited testimony during                                                               
the hearing on HB 265.   He informed the committee that he worked                                                               
for the  Juneau Police Department  (JPD) but was testifying  in a                                                               
personal capacity.   He expressed support for HB  265, and shared                                                               
his belief  that unclear language  can lead  to misunderstanding,                                                               
confusion, harm, or acceptance of  the language.  The term "child                                                               
pornography" implies some category  of legal pornography, instead                                                               
of a form  of child abuse and  a crime, he said.   He argued that                                                               
by changing the  language, everyone would consider  the impact on                                                               
children and  recognize the  abuse.  This  is an  opportunity for                                                               
Alaska to be  a leader, he said.  He  informed the committee that                                                               
he attended  counseling for  his exposure  to child  sexual abuse                                                               
material on the job.                                                                                                            
                                                                                                                                
CHAIR VANCE sought questions from committee members.                                                                            
                                                                                                                                
1:42:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY  noted  that  he supported  the  bill.    He                                                               
directed attention  to page 2,  Section 5, and sought  to confirm                                                               
that there is no immunity for clients at this time.                                                                             
                                                                                                                                
1:43:30 PM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER, Assistant  Attorney General,  Criminal Division,                                                               
Department  of Law  (DOL), confirmed  that there  is no  codified                                                               
immunity in statute.                                                                                                            
                                                                                                                                
REPRESENTATIVE  GRAY  referenced  a   recent  case  in  Anchorage                                                               
involving  the  murder of  several  sex  workers.   There  was  a                                                               
belief,  he said,  that if  the  clients had  had immunity,  they                                                               
would  have been  willing  to  speak to  the  police.   He  asked                                                               
whether Ms. Schroeder was familiar with that case.                                                                              
                                                                                                                                
MS. SCHROEDER  said she  would need  more information  to respond                                                               
factually.  She explained that  there is prosecutorial discretion                                                               
if a client  reports a crime, indicating that  the department may                                                               
not be focused on prosecuting a  "John."  In response to a follow                                                               
up  question, she  declined to  comment on  people's motives  for                                                               
reporting or not reporting crimes.                                                                                              
                                                                                                                                
1:45:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRAY  informed   the  committee   that  he   was                                                               
considering drafting an amendment  that would provide immunity to                                                               
the "Johns."                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD  asked  for  the  legal  definition  of  a                                                               
"John."                                                                                                                         
                                                                                                                                
MS.  SCHROEDER defined  a  "John"  as a  client  or  patron of  a                                                               
prostitute.  In  response to a follow up  question, she confirmed                                                               
that being a "John" is a crime.                                                                                                 
                                                                                                                                
REPRESENTATIVE ALLARD said  she was not open  to offering "Johns"                                                               
immunity.                                                                                                                       
                                                                                                                                
1:47:03 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced that HB 265 would be held over.                                                                           
                                                                                                                                
REPRESENTATIVE CARPENTER                                                                                                        
                                                                                                                                
               HB 265-CHILD SEXUAL ABUSE MATERIAL                                                                           
                                                                                                                                
2:21:23 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced  that the final order of  business would be                                                               
HOUSE  BILL   NO.  265,   "An  Act   changing  the   term  'child                                                               
pornography' to 'child sexual abuse material.'"                                                                                 
                                                                                                                                
2:21:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD  moved to  report HB  265 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  HB 265 was reported  from the                                                               
House Judiciary Standing Committee.