Legislature(2021 - 2022)BUTROVICH 205
05/16/2022 09:00 AM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB325 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 325 | TELECONFERENCED | |
HB 325-DOMESTIC VIOLENCE
9:03:05 AM
CHAIR HOLLAND announced the consideration of HOUSE BILL NO. 325
am S (efd add S) "An Act relating to petitions for a change of
name for certain persons; relating to the duty to register as a
sex offender; relating to sexual offenses; relating to domestic
violence; relating to the code of military justice; relating to
consent; relating to the testing of sexual assault examination
kits; relating to lifetime revocation of a teaching certificate
for certain offenses; amending Rule 84, Alaska Rules of Civil
Procedure; and providing for an effective date."
9:03:27 AM
CRYSTAL KOENEMAN, Staff, Representative Sara Rasmussen, Alaska
State Legislature, Juneau, Alaska, paraphrased the sponsor
statement for HB 325 on behalf of the sponsor.
HB 325 seeks to update our antiquated domestic
violence statutes by incorporating image-based sexual
abuse to the definition of domestic violence. While
sending explicit images may be grounds for harassment
in the second degree, it is not considered an act of
domestic violence or crime involving domestic
violence.
Images of individuals, taken with or without consent,
are being distributed online as a tactic of abuse by
perpetrators with the intent to harass, impersonate,
humiliate, and cause harm. Abusers capture intimate,
nude, or sexual images of their partners, with or
without, their consent. In order to prevent the victim
from leaving the relationship, the abuser will use
that image as a weapon of control.
The effect of this abuse impacts every part of the
victim's life and future. Victims tend to be
revictimized in their school, workplace, or community
and some have attempted or committed suicide as a
result.
While educating people about the possible consequences
of sharing explicit images is important, most of the
danger and harm comes from the subsequent sharing of
these images without consent and with the intent to
hurt, shame, or emotionally abuse the victim.
We must do better to end cycle of domestic violence
and sexual abuse. By tying image-based sexual abuses
cases to our domestic violence laws will offers
victims crucial benefits and protections that they
might not otherwise get.
HB 325 is a small step to help protect Alaskans from
sexual abuse and I urge your support.
9:04:51 AM
SENATOR MYERS referred to the definition of "domestic violence"
and asked how the bill would apply to someone who is not a
household member, or after a divorce, or if the parties had
never lived together.
9:05:36 AM
JOHN SKIDMORE, Deputy Attorney General, Office of the Attorney
General, Criminal Division, Department of Law, Anchorage,
Alaska, responded that the definition in AS 18.66.990(5) reads:
(5) "household member includes
(A) adults or minors who are current or former
spouses;
(B) adults or minors who live together or who
have lived together;
(C) adults or minors who are dating or who have
dated;
(D) adults or minors who are engaged in or who
have engaged in a sexual relationship;
(E) adults or minors who are related to each
other up to the fourth degree of consanguinity,
whether of the whole or half blood or by
adoption, computed under the rules of civil law;
F) adults or minors who are related or formerly
related by marriage;
G) persons who have a child of the relationship;
and
(H) minor children of a person in a relationship
that is described in (A) (G) of this paragraph;
9:06:52 AM
MR. SKIDMORE answered that a former boyfriend or girlfriend
would be considered a household member.
CHAIR HOLLAND noted that a household member does not refer to
their lodging arrangement.
MR. SKIDMORE agreed that the term was much broader.
9:07:11 AM
SENATOR HUGHES stated that sharing the photos would include
texting or posting them online.
MR. SKIDMORE responded that the statute refers to publishing or
distributing the images, which can occur online or in print.
9:07:44 AM
SENATOR HUGHES wondered whether the penalty would be more severe
if the person posting the photo had tagged the person. She
recalled having discussed this.
MR. SKIDMORE recalled the discussion, but it did not concern
this statute. He was unsure whether it resulted in an enhanced
penalty for any crime.
9:08:36 AM
At ease
9:09:06 AM
CHAIR HOLLAND reconvened the meeting.
9:09:13 AM
SENATOR HUGHES stated that the penalty provision doesn't relate
to this bill. She said she doesn't want to slow the bill down,
but perhaps it could be addressed in the future. She recalled an
article in the National Council of State Legislatures (NCSL)
magazine that lists Alaska as having a ban on revenge porn. She
asked whether the state has other laws that NCSL would have
considered a ban on revenge porn.
9:10:07 AM
MR. SKIDMORE replied that he was unfamiliar with the article. He
stated that harassment is in state statute. However, today's
bill does not consider whether it was illegal but addresses
whether it would be considered a crime of domestic violence.
9:10:44 AM
SENATOR MYERS asked about a time limit for considering when
distributing explicit photos or sending posts would be
considered domestic violence. He surmised if someone had just
broken up it would be considered a domestic violence crime, but
if someone sends or posts it online five years later, perhaps it
would not.
MR. SKIDMORE answered that there is no timeframe for determining
whether something is considered domestic violence. Instead, it
looks at the nature of the relationship and the type of crime
that was committed.
9:11:28 AM
SENATOR MYERS asked how sending explicit images would be handled
if the perpetrator is under age 18 and sexting someone age 16 or
if two age 16 kids were sexting, which is common in high school.
MR. SKIDMORE responded that he was unsure it was typical
behavior, but he had heard stories about sexting. He stated that
the laws in Alaska are different for those prosecuted in adult
court that is open to the public, or for youth charged in the
Juvenile Justice System. Those records tend to be confidential
unless the crimes are felony-level crimes against another person
and someone was injured, except for the records of some felony-
level crimes. He offered his view that some records could become
public later in those circumstances. In this instance, the crime
would not qualify as public. He stated that the Division of
Juvenile Justice (DJJ) and the goals of that system and the
adult system are different. For example, DJJ focuses on what is
in the best interests of the minor offender. The adult system
has five sentencing goals: isolation, community condemnation,
rehabilitation, general deterrence, and specific deterrence. He
noted that these goals are found in the Alaska Constitution and
statute.
9:13:26 AM
SENATOR HUGHES asked whether anything in Alaska law would allow
a victim to receive damages because she believes that some of
the impacts could be quite severe. She said she had read an
unidentified article about how people would come up to victims
in stores, saying they recognized them from photographs.
MR. SKIDMORE responded that he was unaware of anything in the
law that would prevent a victim from receiving damages. He
highlighted that a victim could request restitution in a
criminal case or bring a tort in a civil suit to seek damages.
9:15:09 AM
SENATOR KIEHL stated that domestic violence provides
consequences, such as restraining orders or imposing
restrictions on a perpetrator's rights. He related that the
domestic violence statutes relate to a perpetrator causing
physical harm or unlawfully entering the premises. Since this
crime would not create physical harm, it would be a departure
from other domestic violence crimes.
9:16:22 AM
MS. KOENEMAN responded that harassment falls within the domestic
violence statutes, which could consist of obscene phone calls or
other crimes that happen from a distance rather than domestic
violence crimes that create an immediate threat. She related
that the Alaska Network on Domestic Violence and other victim
advocate groups indicate that abuse comes in many different
forms. While it may seem like a departure from violence, image-
based sexual abuse can be damaging or traumatic. Victims may not
wish to leave their homes because, as Senator Hughes mentioned,
they may be recognized in public or receive taunts from others
who saw the photos. Thus, sending photos or publishing them
could result in violence or create an unsafe environment for
victims. She highlighted that perpetrators could victimize
others through physical violence or emotional abuse. She noted
that the explicit photos could affect their children. She
indicated the intent to identify this crime as domestic violence
was to allow victims to obtain a restraining order to help
prevent physical violence.
9:18:48 AM
SENATOR KIEHL related his understanding that the commonality
between distributing intimate, nude, or sexually explicit photos
online and other domestic violence crimes might be the elements
of isolating the victim or using the photographs to control
them.
9:19:31 AM
MR. SKIDMORE related that he serves on the Council of Domestic
Violence and Sexual Assault and has prosecuted domestic violence
for the last 25 years. He indicated that domestic violence is a
cycle of control and manipulation. It doesn't relate only to
physical violence but to how a perpetrator tries to control or
manipulate another person. He described the cycle of abuse,
which includes the building of tension, the abuse incident, the
reconciliation, and a period of calm. He indicated that there
isn't any timeframe. Sometimes an abuser will be so focused on
their victim that it continues to cycle up. He characterized it
as an attempt by the offender to continue to hurt and harm the
victim because the victim won't be with them anymore. He said it
was about wanting to say, "You are mine and only mine, and if
you're not with me, I will exercise the greatest amount of pain
I can on you." He emphasized that it may not be physical pain
but psychological and emotional, which plays a role in domestic
violence.
9:21:07 AM
CHAIR HOLLAND stated that this crime has emerged due to
technology. One crime listed for harassment in the second
degree, AS 11.61.120(a)(3), was that the perpetrator was making
repeated telephone calls at odd hours. He offered his view that
it was appropriate to address explicit photos being distributed
or posted online at this time.
9:21:51 AM
SENATOR HUGHES commented that typically people think about
domestic violence as a crime that results in bruises and broken
bones, but that psychological and emotional abuse could make
someone physically ill. She noted that this relates to the
publication and distribution of explicit photos. She stated that
in some instances, the victim consented to the photos, not
realizing they would be distributed later. She asked whether the
penalty increases if the distributed or published explicit
photos were taken without consent.
MR. SKIDMORE responded that other crimes would be applicable and
would have increased penalties.
9:23:18 AM
CHAIR HOLLAND opened public testimony on HB 325; he found none,
and closed public testimony on HB 325.
9:23:58 AM
MS. KOENEMAN thanked the committee on behalf of the victims of
domestic violence. She remarked that the physical toll on
victims of abuse could be rough.
9:24:38 AM
At ease
9:25:18 AM
CHAIR HOLLAND reconvened the meeting.
9:25:26 AM
SENATOR HUGHES moved to report HB 325, work order 32-LS1526\A,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR HOLLAND found no objection, and HB 325 was reported from
the Senate Judiciary Standing Committee.
9:26:30 AM
There being no further business to come before the committee,
Chair Holland adjourned the Senate Judiciary Standing Committee
meeting at 9:26 a.m.
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