02/09/2011 01:00 PM House JUDICIARY

         HB 127 - CRIMES INVOLVING MINORS/STALKING/INFO                                                                     
                                                                                                                                
2:25:42 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO announced  that the final order of  business would be                                                               
HOUSE BILL NO.  127, "An Act relating to the  crimes of stalking,                                                               
online enticement of  a minor, unlawful exploitation  of a minor,                                                               
endangering the welfare of a  child, sending an explicit image of                                                               
a  minor,  harassment,  distribution   of  indecent  material  to                                                               
minors,  and   misconduct  involving   confidential  information;                                                               
relating to probation; and providing for an effective date."                                                                    
                                                                                                                                
2:26:01 PM                                                                                                                    
                                                                                                                                
DOUGLAS  MOODY,  Deputy   Director,  Criminal  Division,  Central                                                               
Office,   Public    Defender   Agency   (PDA),    Department   of                                                               
Administration (DOA),  referred to Section  7 of the  bill, which                                                               
pertains to sending  an explicit image of a minor,  and he opined                                                               
that  as currently  written it  is too  broad and  will apply  to                                                               
people that the  legislature does not intend.  He  noted that the                                                               
language  in subsection  (b) exempts  a minor  who "publishes  or                                                               
distributes  an electronic  or  printed  photograph, picture,  or                                                               
film  that depicts  the  minor's own  genitals,  anus, or  female                                                               
breast", but it  does not exempt a minor who,  for example, takes                                                               
of photo of his minor  girlfriend's breast, with her consent, and                                                               
sends it  to her alone.   He  offered his understanding  that the                                                               
bill is really  meant to address those that are  engaging in wide                                                               
distribution  or  those  promoting child  pornography.    Another                                                               
example, he said,  is four girls at Mardi Gras,  where one of the                                                               
girls takes  a photo of  the other three flashing  their breasts,                                                               
sends the photo to one of the  girls in the photo, who then sends                                                               
the photo to the other two.   Even though all those receiving the                                                               
photo were involved,  under HB 127 the two  girls who distributed                                                               
the photo would be liable.  He  said he does not think that those                                                               
are the kind people that the legislature is trying to target.                                                                   
                                                                                                                                
MR. MOODY  offered a third  example wherein  he takes a  photo of                                                               
his four-year-old  child at  a birthday  party attended  by four-                                                               
year-olds, and  a two-year-old has  stripped off his  clothes and                                                               
is shown  running around  naked in the  background of  the photo.                                                               
He then  sends the photo  to his mother so  that she can  see her                                                               
grandson at  the party.  He  said he would be  liable for sending                                                               
that  photo  because  the  naked   two-year-old  is  in  it,  and                                                               
furthermore, would be charged with a  felony if he sent the photo                                                               
to his  mother via the  Internet.   He said high  school children                                                               
send  photos   as  attachments  to  text   messages,  by  instant                                                               
messaging (IM), and  via e-mail, and the data gets  sent over the                                                               
same fiber optics  path.  He expressed concern  that young people                                                               
or  innocent  adults  who  are  not predators  are  going  to  be                                                               
convicted,  and  perhaps  a young  person  thus  convicted  would                                                               
subsequently  find barriers  to applying  for college  in another                                                               
state or for military service.                                                                                                  
                                                                                                                                
2:32:43 PM                                                                                                                    
                                                                                                                                
CHAIR  GATTO  noted that  a  generation  ago, children  may  have                                                               
wished they had  a camera to show their parents  when someone was                                                               
being a  sexual deviant,  but now  it seems  that everyone  has a                                                               
camera and "we  can overdo it."  He characterized  [Section 7] as                                                               
very difficult.  He surmised  that receiving input from teenagers                                                               
regarding the effects of how  harmful "something like this" is or                                                               
is not  would be  beneficial.  He  remarked that  teenagers often                                                               
think adults overreact.   He indicated that  [sexual deviance] is                                                               
easy to recognize but hard to legislate.                                                                                        
                                                                                                                                
2:35:54 PM                                                                                                                    
                                                                                                                                
JESSICA  LUIKEN, Participant,  Alaska  Close-Up program,  related                                                               
that  she is  17 and  a  junior in  high  school.   She said  she                                                               
understands Mr.  Moody's comments regarding the  transmittal of a                                                               
photo to his  mother.  However, with regard to  the comment about                                                               
teenagers  sending  photos to  teenagers  and  other minors,  she                                                               
expressed concern  that those  photos could be  sent to  an adult                                                               
and to  so many other people.   She offered her  belief that part                                                               
of  society  is  attempting  to remove  such  pictures  from  the                                                               
Internet so as  to protect youth, which she said  may help others                                                               
stand their moral  ground.  She said she has  never taken part in                                                               
sharing such  photos, because she  does not socialize  with those                                                               
who do.   In response  to Representative Holmes, she  offered her                                                               
belief that  punishment may be  extreme, because it  may conflict                                                               
with a  person's right  to his/her  own belief.   Notwithstanding                                                               
that, she said  she does not like the degradation  of young women                                                               
or when  some women exhibit low  self-esteem.  She said  the text                                                               
messages and images  do not show respect for women.   In response                                                               
to Chair  Gatto, she said  although she abhors such  behavior and                                                               
does not  believe that  it should happen,  she sees  that society                                                               
has become somewhat immune to it.                                                                                               
                                                                                                                                
CHAIR  GATTO  opined  that  everyone has  a  vested  interest  in                                                               
ensuring that all  children are protected, and  he reiterated how                                                               
difficult a  task it  is to  stop others  from having  a negative                                                               
effect on a child's future.                                                                                                     
                                                                                                                                
2:44:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT offered  his belief that the  bill is meant                                                               
to address those with malicious  intentions towards children.  He                                                               
asked Ms. Luiken if she could  relate what kind of activity seems                                                               
more prevalent in high school.                                                                                                  
                                                                                                                                
MS. LUIKEN answered that she is  not familiar with the actions of                                                               
other teens  in high school,  because she has been  home schooled                                                               
and has standards different from  some other teenagers.  She said                                                               
she  is  still  formulating  her  thoughts on  this  issue.    In                                                               
response  to  a question,  she  said  she  does have  a  Facebook                                                               
account but  does not  accept "friend"  requests from  people she                                                               
does not know.                                                                                                                  
                                                                                                                                
CHAIR  GATTO acknowledged  that  addressing this  issue could  be                                                               
difficult.                                                                                                                      
                                                                                                                                
2:48:28 PM                                                                                                                    
                                                                                                                                
TIFFANY  BOITNOTT, Participant,  Alaska  Close-up program,  noted                                                               
that  she is  15  and is  home  schooled.   She  said  she has  a                                                               
Facebook  account,  and  after giving  her  e-mail  address  when                                                               
signing  up began  receiving e-mails  with graphic  links to  the                                                               
Internet.  She said it would be  nice if that did not happen.  In                                                               
response  to  the  chair,  she said  she  deletes  those  e-mails                                                               
without opening them.                                                                                                           
                                                                                                                                
2:54:00 PM                                                                                                                    
                                                                                                                                
MS.  LUIKEN, in  response  to comments,  relayed  that there  are                                                               
teenagers that  do not support  the sending of  graphic material.                                                               
She opined  that the younger a  person is when he/she  takes part                                                               
in sending graphic  images, the harder it will be  for him/her to                                                               
disengage from such behavior.                                                                                                   
                                                                                                                                
2:54:58 PM                                                                                                                    
                                                                                                                                
MS. BOITNOTT added that she has a 12-year-old cousin who has                                                                    
received disturbing e-mails, but he has taken her advice to                                                                     
delete them.                                                                                                                    
                                                                                                                                
[HB 127 was held over.]