Legislature(2007 - 2008)CAPITOL 120
02/28/2007 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB117 | |
| HB88 | |
| HB145 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 145 | TELECONFERENCED | |
| + | HB 88 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 117 | TELECONFERENCED | |
HB 145 - SEXUAL CRIMES 2:13:18 PM CHAIR RAMRAS announced that the final order of business would be HOUSE BILL NO. 145, "An Act relating to sexual assault, sexual abuse of a minor, and online enticement of a minor." 2:14:50 PM REPRESENTATIVE BOB ROSES, Alaska State Legislature, sponsor, said he would prefer that HB 145 be held over in order to allow him to address some of the concerns that he's heard from members thus far. He posited that legislators are charged with the responsibility of doing everything they can to protect those citizens that are unable to protect themselves. Under the current laws pertaining to sexual abuse of a minor crimes, certain age groups are being left out, he opined. House Bill 145 will extend the age of consent to the age of 18, thereby drawing a bright line distinction: those who are under the age of 18 will be considered minors, those who are [18 years of age or older] will be considered adults. The bill also focuses on the practice of "online enticement," which is becoming more prevalent and is difficult to prosecute. [Chair Ramras turned the gavel over to Vice Chair Dahlstrom.] 2:19:45 PM CRYSTAL NOVOTNEY, Staff to Representative Bob Roses, relayed on behalf of the sponsor, Representative Roses, that in addition to establishing that a minor is under the age of 18 and an adult is [18 years of age or older], HB 145 includes a threshold of a four-year age difference, so that someone who is 19 years old will not be prosecuted for having consensual sex with someone who is 17 years old. The bill will instead focus on those that look outside their peer group for sexual partners. Currently, for example, there is no legal recourse when a 16-year-old engages in consensual sex with a 50-year-old. The bill will provide 16- and 17-year-olds with legal recourse when someone takes advantage of them sexually. REPRESENTATIVE COGHILL asked whether the bill is addressing a specific, known problem or whether it is simply establishing a new policy. REPRESENTATIVE ROSES offered that it is doing both, and mentioned that he has personal friends whose families have been impacted by the behavior outlined in the bill. He offered his understanding that the North Pole chief of police will at some point provide testimony regarding the difficulties his force is experiencing wherein older individuals are preying on younger people - for example, hanging around the middle schools with the intention of enticing the children. Representative Roses mentioned that in one situation that he knew about, a man living in Colorado began using the Internet to entice a 13-year-old Alaskan girl and then, when she turned 16 and her parents were out of town, he flew to Alaska to engage in sex with her - that man knew Alaska law and knew what he could get away with. REPRESENTATIVE ROSES said he wants to draw attention to such situations, and although HB 145 may not stop every incident, it is the responsibility of legislators to put the tools in place that will allow the criminal justice system to better protect Alaska's citizens. In response to a question, he said that some of the issues in particular that he would like to resolve pertain to how the proposed new age of consent will affect 17- year-olds who are going off to college, certain marriage contracts that some cultures in Alaska engage in, and those who've qualified for emancipation. He also mentioned that the sentencing scheme outlined in the bill is also of concern, given that someone could potentially be going to prison for a very long time. 2:27:56 PM REPRESENTATIVE COGHILL said he agrees with the concept of raising the age of consent, and asked Representative Roses whether he's done any research regarding how other states have handled the types of issues being raised by HB 145. REPRESENTATIVE ROSES said he and his staff have done research regarding what other states have done, and that they will be conducting further research as well. REPRESENTATIVE GRUENBERG, in response to a question, explained that Alaska case law has held that a reasonable mistake of fact as to age is an affirmative defense. VICE CHAIR DAHLSTROM, in response to comments, noted that sexual abuse of a minor crimes have also been perpetrated by women. REPRESENTATIVE GRUENBERG asked the sponsor to provide a listing of the states and their statutory age of consent, and to provide a comparison - broken down by age of both offenders and victims - between how the existing law treats offenders and how the new law will treat those same offenders. REPRESENTATIVE ROSES indicated that he would be providing further information. VICE CHAIR DAHLSTROM relayed that HB 145 would be held over.
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