Legislature(2005 - 2006)BUTROVICH 205
03/10/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB118 | |
| SB119 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 117 | TELECONFERENCED | |
| *+ | SB 118 | TELECONFERENCED | |
| *+ | SB 119 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 118-ONLINE ENTICEMENT OF MINOR
8:41:05 AM
SENATOR FRENCH introduced SB 118 advising it will make online
enticement of minors a felony under Alaska law. Along with SB
119, the measure will help protect Alaska's children from sexual
predators and provide a safety net for those who navigate the
Internet. Online victimization is one of the worst byproducts of
the age of the Internet. Research shows that one in five
children have received solicitation over the Internet in the
last year. While current statutes can be stretched to allow
prosecution of online solicitation, the better approach is to
recognize that this new form of criminality requires a new
statute.
8:42:26 AM
SENATOR FRENCH added the basic outline of SB 118 is to make it a
crime for anyone 18 years or older to knowingly use a computer
to entice, solicit or encourage a child to engage in an act
described in AS 11.41.455.
8:44:49 AM
MR. KEVIN VANDEGRIFF, detective, Anchorage Police Department
(APD), testified he has worked for three years in the Crimes
Against Children unit of the APD. Alaska does not have
legislation to address Internet solicitation of children.
Statistics show crimes against children are growing every year.
Reports of child pornography have grown 40 percent between 2003
and 2004. SB 118 allows law enforcement to act proactively and
seek out child predators.
Federal statistics show 55 percent of prosecutions from online
victimization of children occur with reports coming from outside
complainants. 45 percent of arrests are directly related to
proactive law enforcement efforts. Efforts include law
enforcement going online in an undercover capacity, entering
chat rooms and meeting with predators. The Internet Crimes
Against Children federal task forces train investigators across
the country, including the FBI, Immigration and Customs, and
state investigators.
MR. VANDEGRIFF advised the committee of his recent training,
which certifies investigators to conduct standard investigations
that will pass judicial scrutiny across jurisdictional
boundaries.
8:48:45 AM
MR. VANDEGRIFF noted due to excellent training, online
enticement prosecutions across the country have resulted in a 95
percent conviction rate. The reason for the success is the
abundance of evidence due to the online trail that predators
leave. Search warrants conducted in predators homes show over 60
percent of them have large collections of child pornography
stored on their computers. Sexual predators use the Internet to
target children. The most vulnerable are between 12 and 15 years
of age.
MR. VANDEGRIFF described the Internet "chats" between sexual
predators and children as chilling. Predators use psychological
tactics to entice emotionally vulnerable children.
8:51:47 AM
CHAIR SEEKINS asked Mr. Vandegriff to give the committee
comparative numbers between Alaska's high incidence of sexual
child abuse compared to other states.
MR. VANDEGRIFF did not have statistics but would research for
the committee.
CHAIR SEEKINS asked Mr. Vandegriff where the sexual abuse comes
from in the cases he has worked on.
MR. VANDEGRIFF responded the majority are people known to the
family members.
8:52:56 AM
CHAIR SEEKINS asked if Internet sexual abuse of minors'
incidences is rising.
MR. VANDEGRIFF replied yes. Currently only federal statutes
address those crimes. The federal government is limited in the
number of cases they can prosecute due to the overwhelming
number of them. It is a growing problem, but because children
usually don't report the incidences to adults, the problem is
larger than one can tell. Studies show only 10 percent of
solicited children tell their parents.
8:53:59 AM
CHAIR SEEKINS asked Mr. Vandegriff to describe any anticipated
increase in workload.
MR. VANDEGRIFF informed the committee the workload would
increase. The Anchorage Police Department does not have the
manpower to address the growing problem. Currently, educating
parents to restrict their children's Internet use is a priority.
MR. VANDEGRIFF spoke of training with the national Crimes
Against Children task force. As part of the training, officers
assume the identity of a 13-year-old female and enter online
chat rooms. He spent time in an Alaskan chat room and within 10
minutes was solicited for sex.
8:56:46 AM
SENATOR HUGGINS asked Mr. Vandegriff if he was concerned about
getting evidence into court.
MR. VANDEGRIFF answered no. Predators leave a compelling
evidentiary trail. Investigators are well trained and follow
strict protocol.
8:58:03 AM
SENATOR HUGGINS asked if pursuit of suspects is done under
federal statutes.
MR. VANDEGRIFF answered that Alaska has state pornography laws
but no way to prosecute offenders who send unsolicited sexual
pictures to children.
CHAIR SEEKINS announced a brief recess at 8:59:29 AM.
CHAIR SEEKINS called the meeting back to order at 9:03:24 AM.
MS. ANNE CARPENETI, Department of Law (DOL), offered to answer
questions.
CHAIR SEEKINS advised Ms. Carpeneti that testimony shows Alaska
does not have enough manpower to investigate and prosecute the
crimes that would fall under SB 118. The fiscal notes are all
zero and indicate the DOL does not anticipate fiscal impact.
Proper procedure.
MS. CARPENETI said the conduct prohibited in SB 118 is also
prohibited in other portions of the criminal code, which is why
the DOL does not anticipate additional cases. The DOL is
concerned with the overlap of sexual abuse of a minor in the
first degree (SAM), which prohibits enticing or encouraging
sexual penetration with a minor. The main offense with SAM
anticipates the actual penetration occurred and that is an
unclassified felony. Solicitation for that behavior is a class A
felony, It is the same conduct as defined in SB 118, which
identifies it as a class C felony. That is problematic because
the defendant can choose to be prosecuted under the lesser
felony.
9:06:38 AM
CHAIR SEEKINS offered it was not intent of sponsor.
MS. CARPENETI said SB 118 covers conduct that is already against
the law.
CHAIR SEEKINS asked Ms. Carpeneti how the DOL would amend SB
118.
MS. CARPENETI said she had no solution yet.
SENATOR FRENCH offered to work with the DOL to amend SB 118 to
fit within the statutes. He asked Ms. Carpeneti if the DOL has
prosecuted online probation under the attempt portion of SAM 1.
MS. CARPENETI answered she believed so.
CHAIR SEEKINS clarified SAM stands for sex abuse of minor and
there are several degrees in Alaska statutes.
9:08:25 AM
CHAIR SEEKINS asked Ms. Carpeneti the difference between sexual
assault and sexual abuse of a minor.
MS. CARPENETI replied that sexual assault covers non-consensual
sex. Sexual abuse of a minor is perceived as consensual because
the victim is too young to be expected to make the decision.
CHAIR SEEKINS asked Ms. Carpeneti to work with the sponsor to
strengthen SB 118.
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