05/01/2005 01:00 PM Senate FINANCE

                                                                                                                                
     HOUSE BILL NO. 91 am                                                                                                       
     "An Act relating to indecent exposure."                                                                                    
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
KAREN LIDSTER,  Staff to  Representative John  Coghill, stated  that                                                            
the bill is best presented  by the language in the Sponsor Statement                                                            
that reads as follows.                                                                                                          
                                                                                                                                
     Several young  girls in Delta Junction were subjected  to a man                                                            
     exposing  himself to them in  the parking lot of a local  store                                                            
     last summer.  He was apprehended and arrested.  In a background                                                            
     check  it was  reported that  he had  a prior  conviction  of a                                                            
     similar  incident  in Arizona.  When  arrested  in the  Arizona                                                            
     case, police reported  that he matched the description of a man                                                            
     reported  for the same  activity several  times but they  could                                                            
     never catch him.                                                                                                           
                                                                                                                                
     In the  Delta Junction incident,  the local magistrate  charged                                                            
     him with  three felonies but  because of the circumstances,  he                                                            
     could not  be convicted of a felony. He plea-bargained  down to                                                            
     one misdemeanor.                                                                                                           
                                                                                                                                
     Children  are  more vulnerable  and  innocent  than adults  and                                                            
     children  fall prey to  sex offender  more easily than  adults.                                                            
     This legislation makes  repeat convictions of indecent exposure                                                            
     within the  observation of a person under the  age of sixteen a                                                            
     felony.                                                                                                                    
                                                                                                                                
1:58:02 PM                                                                                                                    
                                                                                                                                
Senator Dyson  voiced being "intrigued about the circumstances  that                                                            
kept" the offender  from being charged. To that point,  he asked how                                                            
this bill would address those circumstances.                                                                                    
                                                                                                                                
Ms. Lidster responded  that, "the difference between  a felony and a                                                            
misdemeanor in an act of  this nature is whether or not the offender                                                            
touches  himself".  This  is  the reason  that  the  Delta  Junction                                                            
offender  "could only  be charged  with a misdemeanor  ….it  appears                                                            
that it's possible that  this person had been suspect of doing these                                                            
kinds of things previously  but seemed to understand" the line "that                                                            
should not  be crossed". This bill  would correct this situation  by                                                            
specifying  that if an individual  had previously been convicted  of                                                            
indecent exposure  before a minor, regardless of whether  the person                                                            
touched themself or not, they could be charged with a felony.                                                                   
                                                                                                                                
Co-Chair Green  asked whether this legislation had  been referred to                                                            
the Senate Judicial Committee.                                                                                                  
                                                                                                                                
Ms. Lidster  affirmed  that the bill  had reported  from the  Senate                                                            
Judiciary Committee without any changes.                                                                                        
                                                                                                                                
Co-Chair  Green  stressed  the  importance  of  the  fact  that  the                                                            
Judiciary Committee  had heard this  legislation, as that  committee                                                            
has, as  a matter of  course, thoroughly  discussed the misdemeanor                                                             
verses felony issue.                                                                                                            
                                                                                                                                
Ms.  Lidster  affirmed.  She  noted   that  the  bill's  sponsor  is                                                            
conscious of  "not ratcheting up penalties".  The bill does  specify                                                            
that  there must  be an  "intent  to frighten  or  shock a  person",                                                            
specifically  minors   in  this  case.  There  must  also  be  total                                                            
disregard  "for the person  that this  is happening  in front  of as                                                            
opposed to sometimes stopping  alongside the road" and inadvertently                                                            
being observed.                                                                                                                 
                                                                                                                                
AT EASE: 2:01:16 PM /2:01:17 PM                                                                                             
                                                                                                                                
Ms.  Lidster specified  that,  "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 affect the act may have."                                                                                           
                                                                                                                                
Co-Chair  Green  asked whether  such  language  was included  in  AS                                                            
11.41.460.                                                                                                                      
                                                                                                                                
Ms. Lidster affirmed its inclusion.                                                                                             
                                                                                                                                
In  response  to   a  question  from  Senator  Olson,   Ms.  Lidster                                                            
understood  that parents would be  protected from this penalty  were                                                            
their actions  not intended  "to frighten  and have total  disregard                                                            
for the affect of the act on the children".                                                                                     
                                                                                                                                
Senator  Olson inquired  to a situation  in which  a minor might  be                                                            
exposed to a child being borne.                                                                                                 
                                                                                                                                
Ms. Lidster voiced that  the purpose of the bill would be to address                                                            
intentional episodes of indecent exposure.                                                                                      
                                                                                                                                
2:03:44 PM                                                                                                                    
                                                                                                                                
Co-Chair Green  asked whether the  concerns begin raised  by Senator                                                            
Olson  might   be  addressed   by  further   clarification   of  the                                                            
"knowingly" or "intentional"  act language or "the shock" element in                                                            
the  bill.  Care  should  be taken  not  "to  exonerate  all  family                                                            
members" in this regard.                                                                                                        
                                                                                                                                
DEAN  GUANELI,  Chief Assistant  Attorney  General,  Legal  Services                                                            
Section-Juneau,  Criminal Division, Department of  Law, informed the                                                            
Committee that he had "never  heard of indecent exposure prosecution                                                            
being leveled  against somebody in a family situation".  However, he                                                            
agreed that  a family member  should not "be  exempt from the  law".                                                            
Continuing, he  noted that there is a relationship  between indecent                                                            
exposure and child abuse  as well as "indecent exposure and grooming                                                            
activities". "Sadly, a lot of that goes on in the family."                                                                      
                                                                                                                                
Mr. Guaneli  voiced the hope that  were "there two parents  present,                                                            
one would be watching out for the children".                                                                                    
                                                                                                                                
Mr. Guaneli  determined that it would  be difficult to imagine  that                                                            
such situations  would "come to the attention of authorities  unless                                                            
they are  particularly  egregious  circumstances that  we would  not                                                            
want to exempt  from the coverage  of the law". He was unsure  as to                                                            
"how to draft  in some sort of an exemption that wouldn't  sweep too                                                            
broadly and protect activity that we don't want to protect".                                                                    
                                                                                                                                
2:05:59 PM                                                                                                                    
                                                                                                                                
Senator  Dyson  noted that  the  term "masturbate"  is  included  in                                                            
Section  1(a)(1), page  one, line  eight of HB  91(am), Version  24-                                                            
LS0098\A.A.  The  inclusion of the word "and" in Section  1(a), page                                                            
one,  line  six,  indicates  that  the  act  of  masturbation   must                                                            
accompany  the offense  in order for  it to  deemed as first-degree                                                             
indecent  exposure.  This  would  "limit  the application".   Family                                                            
members should be prosecuted were that activity to occur.                                                                       
                                                                                                                                
Ms.  Lidster  responded  that the  intent  of  bill was  to  prevent                                                            
someone who  continues to knowingly  expose himself or herself  to a                                                            
minor,  and  who knows  that  they  could  only  be charged  with  a                                                            
misdemeanor  were they to  not touch themselves,  from simply  being                                                            
charged  with a misdemeanor.  Evidence has  concluded that  indecent                                                            
exposure offenders elevate their offenses overtime.                                                                             
                                                                                                                                
Co-Chair Green  pointed out that the  word "or" in Section  1(a)(1),                                                            
page one, line  nine would negate  Senator Dyson's concern  that the                                                            
felony charge  could not be levied  unless masturbation accompanied                                                             
the indecent exposure act.                                                                                                      
                                                                                                                                
Co-Chair Green ordered the bill HELD in Committee.                                                                              
                                                                                                                                
2:08:59 PM