04/15/2005 08:00 AM Senate JUDICIARY

             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.