Legislature(1997 - 1998)

03/11/1998 01:30 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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         SB 323 - SEX OFFENSES & OFFENDER REGISTRATION                         
                                                                               
                                                                               
SENATOR PEARCE came forward to present SB 323, saying the use of               
children in the production of sexually explicit material is a form             
of sexual abuse than can result in physical and psychological harm             
to the children involved. SENATOR PEARCE said individuals who are              
attracted to children often seek out this type of sexually explicit            
material. Access to the Internet has become one of the preferred               
methods of obtaining this kind of pornography and law enforcement              
agencies across the country are finding thousands of pieces of                 
child pornography in their investigations. SENATOR PEARCE noted                
that Congress passed the Child Pornography Prevention Act in 1986              
and several states are taking action to strengthen their                       
pornography laws.                                                              
                                                                               
SENATOR PEARCE explained that the Alaska penalty for distribution              
of child pornography is not more than five years, and law                      
enforcement officers are having trouble proving distribution and               
are having to charge offenders with lesser crimes, such as                     
possession of child pornography, which is merely a class A                     
misdemeanor.                                                                   
                                                                               
SENATOR PEARCE stated that SB 323 increases the penalties for both             
possession and distribution of child pornography to class B                    
felonies, punishable by not more than 10 years in prison. SB 323               
also creates the crime of indecent exposure in the first degree if             
an offender knowingly masturbates within the observation of a                  
person less than 16 years of age. SENATOR PEARCE said this offense             
would also be a class B felony, and the existing offense of                    
indecent exposure becomes a class C felony when committed before a             
person less than 16 years of age, and a class A misdemeanor when               
committed before a person 16 years of age or older.                            
                                                                               
SENATOR PEARCE said the bill also requires sex-offender                        
registration for the offenses of indecent exposure in the first and            
second degree, and the possession of child pornography. Currently,             
only offenders convicted of the crime of distribution of child                 
pornography have to register.                                                  
                                                                               
SENATOR PEARCE remarked that the existence and distribution of                 
child pornography creates the opportunity for many types of harm in            
a community and presents a clear and present danger to all                     
children. She stated this bill is intended to help protect children            
by inhibiting the creation and distribution of child pornography.              
Strengthening the penalties for these crimes will send a clear                 
message that the degradation and exploitation of children will not             
be tolerated.                                                                  
                                                                               
SENATOR PEARCE added that the original idea for the bill came from             
an Anchorage police officer frustrated with the difficultly of                 
proving distribution of child pornography. SENATOR PEARCE said this            
individual officer has seen thousands upon thousands of different              
pictures in the possession of a single child pornographer.                     
                                                                               
SENATOR PEARCE said the bill brings in some other areas due to the             
fact that the drafter thought some of the ancillary crimes should              
be looked at in order to maintain consistency in sentencing.                   
                                                                               
Number 095                                                                     
                                                                               
CHAIRMAN TAYLOR commented on the frustration he experienced, as a              
judge, sentencing people guilty of these same crimes. He said, in              
one particular case, an offender was apprehended in what appeared              
to be the execution of an even more serious crime and CHAIRMAN                 
TAYLOR sentenced him to the maximum available penalty, ninety days.            
CHAIRMAN TAYLOR said, after imposing this maximum penalty, he was              
disqualified by every public defender in Anchorage for this act.               
CHAIRMAN TAYLOR said this law would provide another level of                   
consideration when faced with this type of offenders, who are often            
serial offenders. He believes this is an important piece of                    
legislation and thanked SENATOR PEARCE for bringing it forward.                
                                                                               
SENATOR PEARCE noted that the drafter had made an error in drafting            
the bill, she offered amendment #1 as a technical change,                      
addressing this error.                                                         
                                                                               
SENATOR MILLER moved amendment #1. Without objection, it was so                
ordered.                                                                       
                                                                               
Number 177                                                                     
                                                                               
OFFICER GLENN KLINKHART testified via teleconference from Anchorage            
and thanked SENATOR PEARCE for the bill. He said his involvement               
with the prosecution of these crimes began three years ago when he             
joined the police force. Up until then, he was totally unaware of              
the volume of child pornography and pedophiles out there. He said,             
unfortunately, he could be kept continuously busy working these                
cases. OFFICER KLINKHART said the U.S. Customs officers have also              
reported a marked increase in this type of crime.                              
                                                                               
OFFICER KLINKHART reported about a man in Eagle River who plead                
guilty to possession of child pornography in addition to other                 
charges and was found to possess pornographic pictures equivalent              
to the volume of 17 reams of paper. OFFICER KLINKHART said these               
pedophiles trade pornographic pictures like baseball cards and, at             
any given time, several Alaskans can be found downloading                      
pornographic pictures in Internet chat rooms.                                  
                                                                               
OFFICER KLINKHART said several reasons explain why this type of                
crime is found in Alaska: the young population, coupled with a high            
percentage of home computers and widespread Internet access makes              
this an easy crime to commit. OFFICER KLINKHART said this type of              
material used to be distributed through the mail from Europe and               
dealt with by the U.S. Customs service.                                        
                                                                               
OFFICER KLINKHART spoke of different varieties of crimes committed             
by pedophiles and stressed the need for officer training in order              
to more effectively fight this type of crime. He said with more                
training, there will be more arrests. As it is now, OFFICER                    
KLINKHART generally has to bring in federal authorities to charge              
cases, as they have stricter statutes. He does not mind doing this             
but the process is sometimes slow.                                             
                                                                               
Number 269                                                                     
                                                                               
SENATOR PEARCE asked about the fiscal note from the Public                     
Defender's Office and OFFICER KLINKHART replied that the reason                
there are only two cases pending is due to the fact that they are              
generally charged as federal cases, since a misdemeanor charge is              
not adequate to punish these crimes.                                           
                                                                               
MR. TERRY VRABEC testified via teleconference from Fairbanks and               
agreed with the testimony provided by OFFICER KLINKHART. MR. VRABEC            
also mentioned the fact that, in order for these pictures to be                
taken, children were sexually abused. He agrees with increasing the            
penalties for this type of crime, and requiring offenders to                   
register as sex offenders. MR. VRABEC said if there were more                  
police officers working on this type of case, they could catch more            
offenders.                                                                     
                                                                               
MR. PAUL SWEET testified via teleconference from Mat-Su. MR. SWEET             
asked about disqualification from holding a teaching certificate               
under this bill, he wondered how private school teachers, without              
certification, would be dealt with.                                            
                                                                               
CHAIRMAN TAYLOR remarked he was not sure they could restrict hiring            
by a private enterprise. MR. SWEET said then only certified                    
teachers would fall under the bill. SENATOR PEARCE commented that,             
in schools where the state does not require certification, it is up            
to the parent of students to ensure the school performs background             
checks. CHAIRMAN TAYLOR added that the bill does require                       
registration of offenders and this list is accessible to any                   
interested parties.                                                            
                                                                               
Number 340                                                                     
                                                                               
PAUL SWEET said there are currently about 3,500 sex offenders in               
the state required to register and only about 450 of them are                  
actually signed up. If these people are not signed up and he is                
unable to get information on them until they do, he sees this as a             
problem. CHAIRMAN TAYLOR responded that those who worked on the                
passage of the original sex offender registration legislation were             
dismayed to find out about the glitch in the law that allowed for              
misinterpretation. He said the intent was that the Department of               
Corrections would register them before they were set loose, and                
they have another law working its way through the process to                   
mandate this. CHAIRMAN TAYLOR said he shares MR. SWEET's                       
frustration in this regard.                                                    
                                                                               
MR. SWEET asked about parolees who are not included. CHAIRMAN                  
TAYLOR said he believed they were required to register and that was            
one of the many things they were trying to work on.                            
                                                                               
MR. SWEET suggested that if they published a few names of those                
offenders who failed to register, the rest of them would come                  
running. CHAIRMAN TAYLOR said there are lots of devices that could             
be used, they're trying to do it through legislation. MR. SWEET                
mentioned one sex offender who was restricted from unsupervised                
conduct with children less than 14, but whose court order                      
explicitly allowed him to teach above the seventh grade.                       
                                                                               
MR. DON BOWMAN testified via teleconference from Anchorage and                 
simply stated that the Department of Public Safety and the Alaska              
State Troopers support SB 323.                                                 
                                                                               
SENATOR ELLIS expressed concern about the definition of child                  
pornography. He cited a case in Oklahoma where police seized copies            
of an academy-award winning film, which fell under their state's               
definition of child pornography. He asked if this might happen                 
here, under Alaska's definition of child pornography. SENATOR ELLIS            
also asked about the definition of indecent exposure, and how it               
might relate to breast-feeding. He also asked about "mooning" and              
how it might be looked upon.                                                   
                                                                               
SENATOR PEARCE mentioned there was no intention to change any                  
present definitions, only to address the problem of prosecuting                
these crimes.                                                                  
                                                                               
MS. ANNE CARPENETI, representing the Department of Law, came                   
forward and said "mooning" falls under the crime of disorderly                 
conduct, a class B misdemeanor.                                                
                                                                               
Number 450                                                                     
                                                                               
MS. CARPENETI explained that the definition of child pornography               
defines it as audio or visual content meeting certain criteria.                
SENATOR ELLIS clarified that it is not based on the gratification              
of the viewer and MS. CARPENETI agreed. SENATOR ELLIS said he                  
wondered as he had just sent a postcard depicting kids in the                  
bathtub, he considered it cute but wondered how it would be viewed             
by another state.                                                              
                                                                               
SENATOR PEARCE read the definition of pornography as material that             
visually or aurally depicts conduct including sexual penetration,              
lewd touching, masturbation, bestiality, sadism and masochism.                 
SENATOR ELLIS replied it seemed to exclude kids in the bathtub and             
MS. CARPENETI agreed it wasn't babies on bear rugs.                            
                                                                               
OFFICER KLINKHART said SENATOR ELLIS made a good point and said in             
his work, they use a standard of "lewd and lascivious," and look to            
see what the focal point of a picture is. He concluded that he did             
not think the  movie incident would occur here in Alaska.                      
                                                                               
Number 504                                                                     
                                                                               
SENATOR PEARCE commented on the wide availability of this material             
through the Internet and asked OFFICER KLINKHART if they were                  
seeing an increase in this type of crime by adolescent males.                  
OFFICER KLINKHART replied the offenders were primarily males over              
the age of 30. He sees this crime as a precursor to child                      
molestation.                                                                   
                                                                               
SENATOR PEARCE moved CSSB 323(JUD) from committee with individual              
recommendations and accompanying fiscal notes. Without objection,              
it was so ordered.                                                             

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