Legislature(2005 - 2006)BUTROVICH 205
03/10/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB118 | |
| SB119 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 117 | TELECONFERENCED | |
| *+ | SB 118 | TELECONFERENCED | |
| *+ | SB 119 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 10, 2005
8:40 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
Senator Gene Therriault
COMMITTEE CALENDAR
SENATE BILL NO. 117
"An Act relating to the admissibility into evidence of the prior
recorded statement of a crime victim less than 16 years of age;
and adding Rule 413, Alaska Rules of Evidence, and amending
Rules 402 and 403, Alaska Rules of Evidence."
SCHEDULED BUT NOT HEARD
SENATE BILL NO. 118
"An Act relating to online enticement of minors."
HEARD AND HELD
SENATE BILL NO. 119
"An Act relating to dissemination of indecent material to
minors."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 118
SHORT TITLE: ONLINE ENTICEMENT OF MINOR
SPONSOR(s): SENATOR(s) FRENCH
02/28/05 (S) READ THE FIRST TIME - REFERRALS
02/28/05 (S) JUD, FIN
03/10/05 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: SB 119
SHORT TITLE: BAN ONLINE DIST. OF PORNOGRAPHY TO MINORS
SPONSOR(s): SENATOR(s) FRENCH
02/28/05 (S) READ THE FIRST TIME - REFERRALS
02/28/05 (S) JUD, FIN
03/10/05 (S) JUD AT 8:30 AM BUTROVICH 205
WITNESS REGISTER
Mr. Kevin Vandegriff, Detective
Anchorage Police Department
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 118 and SB 119
Ms. Anne Carpeneti
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Commented on SB 118 and SB 119
Mr. Dave Parker, Detective Sergeant
Anchorage Police Department
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 119
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:40:13 AM. Present were Senators
Hollis French, Charlie Huggins, Gretchen Guess, and Chair Ralph
Seekins.
SB 118-ONLINE ENTICEMENT OF MINOR
8:41:05 AM
SENATOR FRENCH introduced SB 118 advising it will make online
enticement of minors a felony under Alaska law. Along with SB
119, the measure will help protect Alaska's children from sexual
predators and provide a safety net for those who navigate the
Internet. Online victimization is one of the worst byproducts of
the age of the Internet. Research shows that one in five
children have received solicitation over the Internet in the
last year. While current statutes can be stretched to allow
prosecution of online solicitation, the better approach is to
recognize that this new form of criminality requires a new
statute.
8:42:26 AM
SENATOR FRENCH added the basic outline of SB 118 is to make it a
crime for anyone 18 years or older to knowingly use a computer
to entice, solicit or encourage a child to engage in an act
described in AS 11.41.455.
8:44:49 AM
MR. KEVIN VANDEGRIFF, detective, Anchorage Police Department
(APD), testified he has worked for three years in the Crimes
Against Children unit of the APD. Alaska does not have
legislation to address Internet solicitation of children.
Statistics show crimes against children are growing every year.
Reports of child pornography have grown 40 percent between 2003
and 2004. SB 118 allows law enforcement to act proactively and
seek out child predators.
Federal statistics show 55 percent of prosecutions from online
victimization of children occur with reports coming from outside
complainants. 45 percent of arrests are directly related to
proactive law enforcement efforts. Efforts include law
enforcement going online in an undercover capacity, entering
chat rooms and meeting with predators. The Internet Crimes
Against Children federal task forces train investigators across
the country, including the FBI, Immigration and Customs, and
state investigators.
MR. VANDEGRIFF advised the committee of his recent training,
which certifies investigators to conduct standard investigations
that will pass judicial scrutiny across jurisdictional
boundaries.
8:48:45 AM
MR. VANDEGRIFF noted due to excellent training, online
enticement prosecutions across the country have resulted in a 95
percent conviction rate. The reason for the success is the
abundance of evidence due to the online trail that predators
leave. Search warrants conducted in predators homes show over 60
percent of them have large collections of child pornography
stored on their computers. Sexual predators use the Internet to
target children. The most vulnerable are between 12 and 15 years
of age.
MR. VANDEGRIFF described the Internet "chats" between sexual
predators and children as chilling. Predators use psychological
tactics to entice emotionally vulnerable children.
8:51:47 AM
CHAIR SEEKINS asked Mr. Vandegriff to give the committee
comparative numbers between Alaska's high incidence of sexual
child abuse compared to other states.
MR. VANDEGRIFF did not have statistics but would research for
the committee.
CHAIR SEEKINS asked Mr. Vandegriff where the sexual abuse comes
from in the cases he has worked on.
MR. VANDEGRIFF responded the majority are people known to the
family members.
8:52:56 AM
CHAIR SEEKINS asked if Internet sexual abuse of minors'
incidences is rising.
MR. VANDEGRIFF replied yes. Currently only federal statutes
address those crimes. The federal government is limited in the
number of cases they can prosecute due to the overwhelming
number of them. It is a growing problem, but because children
usually don't report the incidences to adults, the problem is
larger than one can tell. Studies show only 10 percent of
solicited children tell their parents.
8:53:59 AM
CHAIR SEEKINS asked Mr. Vandegriff to describe any anticipated
increase in workload.
MR. VANDEGRIFF informed the committee the workload would
increase. The Anchorage Police Department does not have the
manpower to address the growing problem. Currently, educating
parents to restrict their children's Internet use is a priority.
MR. VANDEGRIFF spoke of training with the national Crimes
Against Children task force. As part of the training, officers
assume the identity of a 13-year-old female and enter online
chat rooms. He spent time in an Alaskan chat room and within 10
minutes was solicited for sex.
8:56:46 AM
SENATOR HUGGINS asked Mr. Vandegriff if he was concerned about
getting evidence into court.
MR. VANDEGRIFF answered no. Predators leave a compelling
evidentiary trail. Investigators are well trained and follow
strict protocol.
8:58:03 AM
SENATOR HUGGINS asked if pursuit of suspects is done under
federal statutes.
MR. VANDEGRIFF answered that Alaska has state pornography laws
but no way to prosecute offenders who send unsolicited sexual
pictures to children.
CHAIR SEEKINS announced a brief recess at 8:59:29 AM.
CHAIR SEEKINS called the meeting back to order at 9:03:24 AM.
MS. ANNE CARPENETI, Department of Law (DOL), offered to answer
questions.
CHAIR SEEKINS advised Ms. Carpeneti that testimony shows Alaska
does not have enough manpower to investigate and prosecute the
crimes that would fall under SB 118. The fiscal notes are all
zero and indicate the DOL does not anticipate fiscal impact.
Proper procedure.
MS. CARPENETI said the conduct prohibited in SB 118 is also
prohibited in other portions of the criminal code, which is why
the DOL does not anticipate additional cases. The DOL is
concerned with the overlap of sexual abuse of a minor in the
first degree (SAM), which prohibits enticing or encouraging
sexual penetration with a minor. The main offense with SAM
anticipates the actual penetration occurred and that is an
unclassified felony. Solicitation for that behavior is a class A
felony, It is the same conduct as defined in SB 118, which
identifies it as a class C felony. That is problematic because
the defendant can choose to be prosecuted under the lesser
felony.
9:06:38 AM
CHAIR SEEKINS offered it was not intent of sponsor.
MS. CARPENETI said SB 118 covers conduct that is already against
the law.
CHAIR SEEKINS asked Ms. Carpeneti how the DOL would amend SB
118.
MS. CARPENETI said she had no solution yet.
SENATOR FRENCH offered to work with the DOL to amend SB 118 to
fit within the statutes. He asked Ms. Carpeneti if the DOL has
prosecuted online probation under the attempt portion of SAM 1.
MS. CARPENETI answered she believed so.
CHAIR SEEKINS clarified SAM stands for sex abuse of minor and
there are several degrees in Alaska statutes.
9:08:25 AM
CHAIR SEEKINS asked Ms. Carpeneti the difference between sexual
assault and sexual abuse of a minor.
MS. CARPENETI replied that sexual assault covers non-consensual
sex. Sexual abuse of a minor is perceived as consensual because
the victim is too young to be expected to make the decision.
CHAIR SEEKINS asked Ms. Carpeneti to work with the sponsor to
strengthen SB 118.
CHAIR SEEKINS announced a short recess at 9:09:34 AM.
CHAIR SEEKINS called the meeting back to order at 9:14:39 AM.
SB 119-BAN ONLINE DIST. OF PORNOGRAPHY TO MINORS
9:14:39 AM
SENATOR FRENCH introduced SB 119. SB 119 would make electronic
distribution of indecent materials to minors a felony under
Alaska law. SB 119 will provide a safety net to help protect
Alaska's children from sexual predators.
9:15:47 AM
CHAIR SEEKINS authorized Senator French to call the witnesses.
MR. DAVE PARKER, supervising sergeant, crimes against children
unit, Anchorage Police Department, testified in support of SB
119. The Internet has become a candy store for perpetrators.
Online victimization is efficient for perpetrators using chat
rooms and sending pornography. Alaska law does not currently
address a way to prosecute distribution of pornography to
minors.
9:18:53 AM
MR. VANDEGRIFF agreed with Mr. Parker's comments and referred to
his online experience portraying the role of a 13-year-old girl.
He added it was amazing how quickly predators sent him digital
pornographic pictures.
9:20:50 AM
MS. ANNE CARPENETI said the DOL supports SB 119 but is concerned
that it only prohibits providing pornographic materials to young
people on the Internet. It is currently not illegal to provide
pornographic material in any form in the state of Alaska. She
asked Senator French his rationale for distinguishing one type
of distribution.
SENATOR FRENCH explained that a home computer is highly private
and pornographic materials are delivered to the child in their
home. Online pornography differs from other forms of pornography
because it is aimed specifically at children in their homes.
9:22:42 AM
SENATOR GUESS asked Ms. Carpeneti about material given
specifically to a child.
MS. CARPENETI advised it is not currently against the law to
give pornographic material to a child.
SENATOR FRENCH stated that SB 119 does aim at something police
officers are currently seeing.
9:23:57 AM
MS. CARPENETI commented the courts have interpreted pornographic
material as something that is not protected by the privacy
provision.
9:25:47 AM
CHAIR SEEKINS asked Ms. Carpeneti if a minor has the right to
privacy to obtain objectionable material.
MS. CARPENETI remarked society adopts law limiting children's
rights in terms of sexual behavior in many ways.
CHAIR SEEKINS pondered at what age a person obtains the right to
privacy concerning objectionable material.
SENATOR FRENCH commented the age of consent in Alaska is 16.
9:28:44 AM
CHAIR SEEKINS asked if pay per view X-rated television would
violate SB 119.
SENATOR FRENCH admitted he contemplated an amendment that would
add the word "knowingly." To violate SB 119 someone would have
to knowingly distribute pornographic material to children.
9:31:43 AM
MS. CARPENETI advised Senator French SB 119 would need to be
added to sex offender statutes.
CHAIR SEEKINS agreed.
CHAIR SEEKINS asked Senator French to collaborate with the DOL
to make SB 119 conform to current statutes. SB 119 will be held
until the next committee meeting.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 9:32:43 AM.
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