Legislature(2023 - 2024)BELTZ 105 (TSBldg)
04/18/2024 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB146 | |
| SCR3 | |
| HB265 | |
| HB286 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SCR 3 | TELECONFERENCED | |
| *+ | HB 146 | TELECONFERENCED | |
| *+ | HB 265 | TELECONFERENCED | |
| *+ | HB 286 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 265-CHILD SEXUAL ABUSE MATERIAL
3:50:55 PM
CHAIR KAWASAKI reconvened the meeting and announced the
consideration of HOUSE BILL NO. 265 "An Act changing the term
'child pornography' to 'child sexual abuse material.'"
3:51:28 PM
REPRESENTATIVE SARAH VANCE, District 6, Alaska State
Legislature, Juneau, Alaska, sponsor of HB 265, said this
legislation would change the term "child pornography" to "child
sexual abuse material" throughout Alaska statutes. She
emphasized that the bill's importance lies in the recognition of
child sexual abuse as a heinous crime that causes lasting harm
to its victims. The terminology used to describe such offenses
is more than just semanticsit plays a crucial role in shaping
public perception and legal frameworks. The shift to "child
sexual abuse material" (CSAM) reflects a move towards more
accurate and victim-centric language, as the term "child
pornography" misleadingly suggests a consensual act, which fails
to reflect the abusive nature of the crime. The use of the term
CSAM helps correct this misconception, highlighting the non-
consensual and abusive nature of the acts depicted.
REPRESENTATIVE VANCE said that Sergeant Matt Dubois, a dedicated
investigator with the Juneau Police Department, could explain in
more detail why this change matters. She praised Sergeant Dubois
for his work safeguarding children and emphasized that victims
of these crimes are not just statistics but children who belong
to the community. Other organizations, including the Alaska
Department of Law and Public Safety, are supporting the
legislation and using the term CSAM instead of child
pornography. This shift in language reflects a commitment to
acknowledging the trauma suffered by victims and reshaping
societal perceptions of these crimes. National groups, including
possibly the Department of Justice, are advocating for the
adoption of this language. While pornography is protected under
the First Amendment, child sexual abuse material is a malicious
crime that inflicts harm on children and must be distinguished
from broader pornography.
3:55:18 PM
SENATOR MERRICK thanked her for bringing this legislation
forward. She expressed pride in being a co-sponsor and noted
that HB 265 passed the House with overwhelming support, but
there was one objection. She asked if she could explain what the
concern was.
3:55:35 PM
REPRESENTATIVE VANCE explained that the concern was one
individual who thought that the legislature should not be
changing the term "pornography" due to its cultural connotation.
The concern was that this change would cause AS 11.61.127 to be
out of alignment. However, she clarified that this is an
inaccurate perception, as these materials are still covered
under the term "child sexual abuse material." She emphasized
that this law would not change anything else and would not alter
any of the crimes related to the introduction of material or the
penalties associated with themit only changes the terminology.
3:56:40 PM
SENATOR WIELECHOWSKI asked whether there is a difference between
the definition of "child pornography" and "child sexual abuse
material."
3:56:48 PM
REPRESENTATIVE VANCE replied no.
3:57:18 PM
CHAIR KAWASAKI announced invited testimony for HB 265.
3:57:21 PM
DEREK BOS, Chief of Police, Juneau Police Department (JPD),
Juneau, Alaska, invited testimony for HB 265. He stated that
when he began his career as a law enforcement officer, he took
an oath to uphold the United States Constitution, which included
the phrase "and to be the voice of the victim." He expressed
that today, he comes before the committee to ensure that the
voice of child victims is not lost in the busyness of everyday
life. He reiterated that HB 265 seeks to replace the term "child
pornography" in Alaska statutes with "child sexual abuse
material." While this change might seem trivial to some, it
holds significant meaning from a law enforcement perspective.
Throughout his career, he said he has seen people mistakenly
associate the term "pornography" with consent, implying that
there is some level of willingness on the part of the child
victim. Consent is rarely, if ever, given by the victim for the
exploitation or distribution of such materials. Using language
that downplays the significance of this exploitation normalizes
harmful behaviors, which makes it harder for victims to seek
help and support. This creates a cycle of victimization that
negatively affects more children. By accurately labeling these
materials as "child sexual abuse material," he believes the
state would send a clear message that child victims matter. He
urged the committee to reject the normalization of child
exploitation in any form. He introduced Officer Dubois.
3:59:57 PM
MATTHEW DUBOIS, Officer, Juneau Police Department (JPD), Juneau,
Alaska, invited testimony for HB 265. He said he has been a
police officer for almost 17 years and has worked as an
investigator with the Anti-Crime Against Children Unit since
2015. He has been part of the FBI and U.S. Marshals ICAP Task
Force and has been exposed to numerous photographs and videos of
child sexual abuse material, currently known under state law as
child pornography. He emphasized that there is no such thing as
"child pornography" and believes language plays a crucial role
in shaping understanding. Unclear language can lead to
misunderstanding, confusion, and harm, and the continued use of
the term "child pornography" perpetuates harmful misconceptions.
MR. DUBOIS stated that the term "child pornography" wrongly
implies that these materials are a subcategory of legally
acceptable pornography, rather than recognizing them as a form
of child abuse and a crime. Referring to CSAM as "pornography"
shifts the focus to the material itself instead of the impact it
has on children. He suggested that changing the language to CSAM
would force society to confront the true impact on children, as
the term "child pornography" minimizes the harm children
experience. From his training and experience, he noted that
victims of such abuse often grow up with feelings of shame,
guilt, and fear, knowing that the abuse material may resurface
at any time, perpetuating their trauma. He explained that this
ongoing victimization occurs every time the material is viewed,
shared, or downloaded. He also mentioned that using the term
"child pornography" diminishes the seriousness of the crime,
which can hinder children from receiving the support and
protection they need. He opined that changing the terminology to
CSAM would force everyone to recognize the material as abuse and
help ensure that victims are supported. In closing, he shared
that, as a lifelong Alaskan, he believes this is an opportunity
for Alaska to lead the nation in making this important change.
He thanked Representative Vance for her work on HB 265 and
expressed his personal commitment to the cause, revealing that
he attends counseling due to his exposure to this crime. He
shared the emotional toll of his work, stating that he has
witnessed the abuse of young children and opined that it is time
for Alaska to make a change.
4:03:02 PM
SENATOR CLAMAN expressed appreciation for his candid statement
and asked whether other states have made the legislative change.
4:03:13 PM
SERGEANT DUBOIS replied that four states, including Connecticut,
New Jersey, Virginia, and New Jersey have adopted the change.
4:04:08 PM
CHAIR KAWASAKI opened public testimony on HB 265.
4:04:36 PM
MAXINE DOUGAN, representing self, Anchorage, Alaska, testified
on HB 265. She said she has been a working prostitute for over
30 years and plans to continue for at least another 30 years.
She said she is part of the Community United for Safety and
Protection (CUSP), which includes current and former sex
workers, sex trafficking victims, and their allies. She
expressed her support for the change in terminology from "child
pornography" to "child sexual abuse material" in HB 265, as well
as the expansion of immunity for clients of sex workers. HB 265
would provide an opportunity to amend AS 11.66.100(c) to include
a provision that extends immunity to clients of sex workers.
Alaska was the first state to provide immunity to sex workers
reporting certain crimes, including what is now referred to as
child sexual abuse material. However, current state law does not
extend this immunity to clients of sex workers, who are often
first responders to situations where they encounter individuals
in need of help. She stressed the importance of allowing clients
to report these situations to the authorities without fear of
legal repercussions. She urged the committee to consider
expanding the immunity in the bill to include clients, ensuring
that all Alaskans have access to protection under state law.
4:06:47 PM
AMBER NICKERSON, representing self, Anchorage, Alaska, testified
on HB 265. She said she is a member of CUSP and asked the
committee to amend HB 265 to extend immunity to clients of sex
workers so they can report crimes like sex trafficking or
murder. She shared a personal account from attending the Brian
Steven Smith double murder trial in Anchorage, where a sex
worker provided crucial testimony, including graphic images and
recordings from the perpetrator's phone. However, she feared
arrest for prostitution and theft and did not know she had
immunity under Alaska law. She suggested that if the sex worker
had known about the immunity, additional evidence could have
been found. The trial revealed that Smith had been texting a
person, Ian Calhoun, about the torture and murder of a victim.
Calhoun may have had further information but chose not to come
forward for fear of arrest. Under current Alaska law, failing to
report a violent crime is not even a felony, which creates an
incentive to stay silent. She urged the committee to extend
immunity to clients of sex workers in the bill, emphasizing that
such immunity would encourage clients to provide truthful
testimony without fear of incrimination, ultimately helping to
bring criminals to justice. She noted that immunity for Calhoun,
Smith's associate, was granted, which allowed him to testify,
but his refusal to share information led to further evidence,
such as images of another unidentified woman, remaining
undisclosed. Extending immunity to clients aligns with Alaska's
public safety goals and increases the likelihood of securing
convictions against guilty parties. She urged the committee to
amend HB 265 to include immunity for clients of sex workers.
4:10:19 PM
SENATOR MERRICK asked if the amendment to HB 265 was offered in
the House.
MS. NICKERSON replied yes.
4:10:39 PM
TARA BURNS, representing self, Fairbanks, Alaska, testified on
HB 265. She introduced herself as a member of the Community
United for Safety and Protection (CUSP), a sex worker in Alaska,
and a survivor of sex trafficking. She explained that she
conducted graduate research at the University of Alaska
Fairbanks (UAF) on the lived experiences and policy
recommendations of individuals involved in Alaska's sex trade.
Currently serving as the Research and Policy Director of COYOTE,
she expressed support for HB 246, but urged the committee to
amend it by including clients under the immunity statute. She
recounted a 2019 case in which a man who had posted concerning
online content about harming sex workers was later found to be
trafficking minors. Ms. Burns and others, working under
immunity, identified the man's phone number and warned
vulnerable sex workers about him. This led to the man confessing
to trafficking minors through text messages with an ally of
local sex workers.
MS. BURNS said his actions were subsequently reported to the
FBI, resulting in his conviction for trafficking a minor. She
emphasized that had the individuals involved been clients
instead of sex workers, they might have faced legal consequences
for reporting, forcing them to choose between their own safety
and protecting minors. Despite years of efforts by law
enforcement agencies, including the State Troopers' Special
Crimes Investigative Unit and an FBI-ATF task force, there were
no charges for trafficking actual minors in Alaska's sex
industry over the preceding decade. This contrasted sharply with
the successful outcome of the 2019 case, which she attributed to
the ability of sex workers to report crimes without fear of
prosecution. She suggested that extending immunity to clients
would be a more effective strategy to combat trafficking than
relying solely on law enforcement. She urged legislators to take
this step to help end the trafficking of minors in Alaska. She
clarified that this measure was not previously voted on in the
House because a floor amendment had been withdrawn before a
vote.
4:13:49 PM
JULIE SMYTH, representing self, Fairbanks, Alaska, testified in
support of HB 265. She advocated for the proposed amendments as
stated by the previous testifier. However, she acknowledged that
she did not have as much knowledge or expertise as the previous
speakers but shared her perspective as a client of the Interior
Alaska Center for Non-Violent Living. She recounted hearing
numerous accounts of the challenges victims face in having
various crimes taken seriously by law enforcement. Fear and
hesitation to approach law enforcement remain significant
obstacles for many individuals. She emphasized that removing as
many barriers as possible to reporting crimes would help hold
more predators accountable, ultimately enhancing public safety.
4:15:17 PM
LAUREE MORTON representing self, Anchorage, Alaska, testified in
support of HB 265. She noted that she is the Deputy Director of
the Alaska Network on Domestic Violence and Sexual Assault
(ANDVSA) and is testifying on behalf of the State Coalition of
Domestic Violence and Sexual Assault Victim Service Programs.
She emphasized the critical role that language plays in shaping
perceptions and addressing societal issues. She discussed how
adjectives and terminology influence how concepts are
understood, perceived, and acted upon. She provided an example
of how the term "pornography" has evolved over time,
transitioning from a seedy, hidden connotation to a normalized
and even glamorized concept through terms like "food porn" or
"flower porn." This evolution, she argued, has diluted the
gravity of terms associated with exploitation and abuse. The
term "child pornography" may lead to perceptions of neutrality
or glamorization, which undermines the severity of the issue.
Ms. Morton clarified that child pornography is not provocative
or artistic but represents graphic and harmful criminal acts
against children. She stressed that such materials involve the
abuse and exploitation of children, who do not understand why
they are being harmed and do not deserve to have these acts
committed against them. She advocated for renaming "child
pornography" as CSAM, a term that accurately conveys the
criminal nature of the acts involved. She concluded by urging
the committee to use precise and appropriate language to ensure
the severity of these crimes is neither minimized nor
misunderstood.
4:19:37 PM
REPRESENTATIVE VANCE clarified for the record that an earlier
document provided to the sergeant contained incorrect
information. She corrected the record by stating that the states
that have adopted the "CSAM" terminology are Vermont, Utah,
Arkansas, and California. The states currently working on
adopting this terminology include Connecticut, New Jersey,
Virginia, and Missouri.
4:20:02 PM
SENATOR CLAMAN asked how many states have adopted the "CSAM"
terminology.
4:20:08 PM
REPRESENTATIVE VANCE replied four states have adopted it and
four others are considering it.
4:20:30 PM
CHAIR KAWASAKI asked if she would like to comment on immunity.
4:20:40 PM
REPRESENTATIVE VANCE noted that the focus of HB 265 is narrowly
centered on updating the terminology used to describe the
exploitation of children. She acknowledged ongoing discussions
around related bills addressing sex trafficking and broader
protections for children and vulnerable populations in Alaska.
The primary policy decision for HB 265 is to change the terms
used to describe child sexual abuse, which she stated would have
a profound impact on public perception of these crimes. She
expressed her preference for maintaining this bill's focus
solely on updating the language to accurately reflect the abuse
and exploitation of children. Other legislative measures
addressing criminal reforms and protections for vulnerable
groups could be discussed in separate conversations, as this
bill is not the appropriate vehicle for broader policy changes.
She urged the committee to prioritize the specific goal of HB
265 by revising terminology to protect vulnerable children and
better represent the severity of these crimes.
4:21:50 PM
CHAIR KAWASAKI closed public testimony; he held HB 265 in
committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 146 Ver B.PDF |
SSTA 4/18/2024 3:30:00 PM |
HB 146 |
| HB146 Sectional Analysis Version B 5.8.23.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 146 |
| HB146 Summary of Changes Ver A to B 5.8.23.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 146 |
| HB0146 DPS Zero Fiscal Note.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 146 |
| HB 146 DPS Follow-Up.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 146 |
| HB 146 Transmittal Letter 03.28.23.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 146 |
| CSHB286 Additional Documents- Yani Morley Letter of Support.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 286 |
| CSHB286 Bill Hearing Request 3.07.24.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 286 |
| CSHB286 JUD-ACS 2.05.34.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 286 |
| CSHB286 Sectional Analysis ver B 2.27.24.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 286 |
| CSHB286 Sponsor Statement 2.08.24.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 286 |
| CSHB286 Summary of Changes ver. B 2.27.24.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 286 |
| CSHB286 ver B 2.28.24.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 286 |
| HB286 ver A.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 286 |
| Letter of Support ANDVSA HB 286.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 286 |
| HB 265 - JPD Letter of Support.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 265 |
| HB 265 - v.B.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 265 |
| HB 265 - Sectional Analysis.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 265 |
| HB 265 - PowerPoint Presentation.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 265 |
| HB 265 - Letters of Support & Back-Up Information.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 265 |
| HB 265 - DOA-PDA Fiscal Note.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 265 |
| HB 265 - DOA-OPA Fiscal Note.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 265 |
| HB 265 - DPS-ASTD Fiscal Note.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 265 |
| HB 265 - DOL-CJL Fiscal Note.pdf |
SSTA 4/18/2024 3:30:00 PM |
HB 265 |