Legislature(2005 - 2006)BUTROVICH 205

03/10/2005 08:30 AM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 117 RECORDED STATEMENTS OF CHILD VICTIMS TELECONFERENCED
Scheduled But Not Heard
*+ SB 118 ONLINE ENTICEMENT OF MINOR TELECONFERENCED
Heard & Held
*+ SB 119 BAN ONLINE DIST. OF PORNOGRAPHY TO MINORS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 119-BAN ONLINE DIST. OF PORNOGRAPHY TO MINORS                                                                    
                                                                                                                                
9:14:39 AM                                                                                                                    
SENATOR FRENCH  introduced SB 119.  SB 119 would  make electronic                                                               
distribution  of  indecent materials  to  minors  a felony  under                                                               
Alaska law.  SB 119  will provide  a safety  net to  help protect                                                               
Alaska's children from sexual predators.                                                                                        
                                                                                                                                
9:15:47 AM                                                                                                                    
CHAIR SEEKINS authorized Senator French to call the witnesses.                                                                  
                                                                                                                                
MR. DAVE  PARKER, supervising  sergeant, crimes  against children                                                               
unit,  Anchorage Police  Department, testified  in support  of SB
119.  The Internet  has become  a candy  store for  perpetrators.                                                               
Online  victimization is  efficient for  perpetrators using  chat                                                               
rooms  and sending  pornography.  Alaska law  does not  currently                                                               
address  a  way  to  prosecute  distribution  of  pornography  to                                                               
minors.                                                                                                                         
                                                                                                                                
9:18:53 AM                                                                                                                    
MR. VANDEGRIFF agreed with Mr.  Parker's comments and referred to                                                               
his online experience portraying the  role of a 13-year-old girl.                                                               
He added  it was amazing  how quickly predators sent  him digital                                                               
pornographic pictures.                                                                                                          
                                                                                                                                
9:20:50 AM                                                                                                                    
MS. ANNE CARPENETI said the DOL  supports SB 119 but is concerned                                                               
that it only prohibits providing  pornographic materials to young                                                               
people on  the Internet. It  is currently not illegal  to provide                                                               
pornographic material  in any  form in the  state of  Alaska. She                                                               
asked Senator  French his rationale  for distinguishing  one type                                                               
of distribution.                                                                                                                
                                                                                                                                
SENATOR FRENCH explained  that a home computer  is highly private                                                               
and pornographic  materials are delivered  to the child  in their                                                               
home. Online pornography differs  from other forms of pornography                                                               
because it is aimed specifically at children in their homes.                                                                    
                                                                                                                                
9:22:42 AM                                                                                                                    
SENATOR   GUESS  asked   Ms.  Carpeneti   about  material   given                                                               
specifically to a child.                                                                                                        
                                                                                                                                
MS.  CARPENETI advised  it is  not currently  against the  law to                                                               
give pornographic material to a child.                                                                                          
                                                                                                                                
SENATOR FRENCH  stated that SB  119 does aim at  something police                                                               
officers are currently seeing.                                                                                                  
                                                                                                                                
9:23:57 AM                                                                                                                    
MS. CARPENETI commented the  courts have interpreted pornographic                                                               
material  as  something that  is  not  protected by  the  privacy                                                               
provision.                                                                                                                      
                                                                                                                                
9:25:47 AM                                                                                                                    
CHAIR SEEKINS  asked Ms. Carpeneti  if a  minor has the  right to                                                               
privacy to obtain objectionable material.                                                                                       
                                                                                                                                
MS.  CARPENETI remarked  society adopts  law limiting  children's                                                               
rights in terms of sexual behavior in many ways.                                                                                
                                                                                                                                
CHAIR SEEKINS pondered at what age  a person obtains the right to                                                               
privacy concerning objectionable material.                                                                                      
                                                                                                                                
SENATOR FRENCH commented the age of consent in Alaska is 16.                                                                    
                                                                                                                                
9:28:44 AM                                                                                                                    
CHAIR  SEEKINS asked  if pay  per view  X-rated television  would                                                               
violate SB 119.                                                                                                                 
                                                                                                                                
SENATOR FRENCH  admitted he contemplated an  amendment that would                                                               
add the  word "knowingly." To  violate SB 119 someone  would have                                                               
to knowingly distribute pornographic material to children.                                                                      
                                                                                                                                
9:31:43 AM                                                                                                                    
MS.  CARPENETI advised  Senator French  SB 119  would need  to be                                                               
added to sex offender statutes.                                                                                                 
                                                                                                                                
CHAIR SEEKINS agreed.                                                                                                           
                                                                                                                                
CHAIR SEEKINS  asked Senator French  to collaborate with  the DOL                                                               
to make SB  119 conform to current statutes. SB  119 will be held                                                               
until the next committee meeting.                                                                                               

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