Legislature(2005 - 2006)BUTROVICH 205
04/15/2005 08:00 AM Senate JUDICIARY
Audio | Topic |
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Start | |
HB155 | |
HB91 | |
SB86 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | SB 86 | TELECONFERENCED | |
*+ | SB 159 | TELECONFERENCED | |
+ | HB 91 | TELECONFERENCED | |
+ | HB 155 | TELECONFERENCED | |
+ | TELECONFERENCED |
HB 91 am -INDECENT EXPOSURE TO MINORS 8:23:18 AM CHAIR RALPH SEEKINS announced HB 91 to be up for consideration. MS. KAREN LIDSTER, staff to Representative John Coghill, introduced HB 91. She testified several young girls in Delta Junction were subjected to the sight of a man exposing himself in the parking lot of a local store. He was apprehended and arrested. In a background check it was reported he had a prior conviction of a similar incident in Arizona. In the Delta Junction incident he was charged with three felonies but because of the circumstances he could not be convicted of a felony. He plea-bargained down to one misdemeanor. HB 91 would make repeat convictions of indecent exposure within the observation of a person under the age of 16 a felony. 8:26:02 AM MS. DEBORAH JOSLIN testified a man in Delta Junction exposed himself to her children terrifying them. He was arrested and found to have a prior conviction of stalking a six year old. He was convicted of a misdemeanor because his hand never touched his private parts. She indicated indecent exposure is treated lightly in Alaska. 8:29:16 AM MS. JOSLIN added there was a recent case in Fairbanks of a man exposing himself to children. He was obviously looking for little kids to scare. The man who murdered the nine-year-old girl in Florida had prior convictions of indecent exposure to children. She believes this is a gateway crime and people who seek out small children are capable of larger crimes. 8:31:05 AM SENATOR GRETCHEN GUESS asked Ms. Lidster the number of other states or jurisdictions that have similar legislation. She wondered whether Alaska laws paralleled enough other laws in order to be used in connection. MS. LIDSTER said she did not know but would get back to the committee with the information requested. CHAIR SEEKINS said HB 91 would broadly construe what the elements might be and give judiciary discretion. SENATOR HOLLIS FRENCH commented the elements would be narrowly construed. It is a current problem with driving while intoxicated (DWI) and other crimes from out of state that don't match up perfectly. SENATOR GENE THERRIAULT read AS 11.41.460: "An offender commits the crime of indecent exposure in the second degree if the offender knowingly exposes the offender's genitals in the presence of another person with reckless disregard for the offensive, insulting, or frightening effect the act may have." SENATOR FRENCH offered that is the predicate for making it a felony. MS. LIDSTER agreed. 8:34:09 AM SENATOR FRENCH commented incidents such as this do not leave the minds of the victims for decades, if ever. SENATOR THERRIAULT moved HB 91 AM from committee with individual recommendations and attached fiscal note(s). There being no objection, the motion carried.
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