04/11/2005 01:30 PM House FINANCE

HOUSE BILL NO. 91                                                                                                             
                                                                                                                                
     "An Act relating to indecent exposure."                                                                                    
                                                                                                                                
Representative Coghill, sponsor,  explained that the bill was                                                                   
a result of an indecent exposure  incident where the criminal                                                                   
was charged with  a misdemeanor.  HB 91 states  that if there                                                                   
is a  second exposure  conviction,  the crime  moves up  to a                                                                   
Class C felony.                                                                                                                 
                                                                                                                                
Representative Weyhrauch asked  if the bill involves exposure                                                                   
and  masturbation.   Representative  Coghill  responded  that                                                                   
pending  testimony  would help  clarify  that  question.   He                                                                   
explained that if there is a previous  conviction of indecent                                                                   
exposure,   a   second   instance    would   be   a   felony.                                                                   
Representative Weyhrauch  asked for more information  about a                                                                   
second  incident.    Representative   Coghill  explained  the                                                                   
elements of purposeful, and knowingly committing the crime.                                                                     
                                                                                                                                
Representative  Croft asked  if  it applies  to minors  only.                                                                   
Representative Coghill replied that it does.                                                                                    
                                                                                                                                
3:48:24 PM                                                                                                                    
                                                                                                                                
DEBBIE JOSLIN, EAGLE RIVER, (via  teleconference) spoke of an                                                                   
exposure  incident  in  Delta   Junction  involving  her  two                                                                   
daughters,  ages  2 and  7.    Because masturbation  was  not                                                                   
involved, the man  was charged with a misdemeanor.   He had a                                                                   
history of  exposure to  children.  She  termed it  a gateway                                                                   
crime to abuse of children.  The  bill applies to second-time                                                                   
incidents with minors under 16.                                                                                                 
                                                                                                                                
3:53:36 PM                                                                                                                    
                                                                                                                                
Representative Croft spoke of  his own two children and fears                                                                   
of something  happening  to them.   He noted  that Section  1                                                                   
clearly talks about exposure in  front of a minor.  Section 2                                                                   
needs language  added such as "exposure or  conduct described                                                                   
above  in front  of a  minor".   Representative Coghill  said                                                                   
that was also his concern.  He  noted that reckless disregard                                                                   
would have to be proven.  He stated  an intention that it say                                                                   
"for those under 16".                                                                                                           
                                                                                                                                
Representative  Croft  noted  he  would  contact  legislative                                                                   
legal about this issue.                                                                                                         
                                                                                                                                
Representative Weyhrauch  noted that the prosecution  of this                                                                   
crime  would be  determined by  the  child's perceptions  and                                                                   
testimony.    He  question how  innocent  behavior  could  be                                                                   
safeguarded.  Representative Coghill  said that's why he went                                                                   
to  AS 11.41.460 to include "knowingly,  purposeful act", and                                                                   
AS 11.41.458, which addresses masturbation.                                                                                     
                                                                                                                                
Representative Kelly asked if  the exposer would be listed as                                                                   
a sex offender.  Representative Coghill said yes.                                                                               
                                                                                                                                
4:01:00 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze MOVED to  report HB  91 out of  Committee                                                                   
with individual  recommendations and the  accompanying fiscal                                                                   
impact notes.  There being NO OBJECTION, it was so ordered.                                                                     
                                                                                                                                
HB  91  was  REPORTED  out of  Committee  with  a  "do  pass"                                                                   
recommendation  and with three  zero fiscal impact  notes: #1                                                                   
ADM, #2 LAW, and #3 CRT.                                                                                                        
                                                                                                                                
4:02:19 PM