HB 206 PENALTIES FOR CERTAIN SEX OFFENSES

Rep Andrea R Reeb

Actions: [3] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 206 (HB 206) increases penalties for certain sexual offenses, limits the defense for criminal sexual communication with a child, and amends the definition of “sex offender.”  

 House Bill 206 (HB 206) makes the following changes regarding sexual offenses against children:

•	Amends the definition of “manufacture” as used in the Sexual Exploitation of Children Act by removing the phrase “copying by any means” visual mediums depicting prohibited sexual acts. Instead, the bill amends the crime of sexual exploitation of children by providing that it is a crime to intentionally distribute or copy by any means prohibited sexual acts. 

•	Increases the penalty for the crime of sexual exploitation of children to a third-degree felony for sexual offense against a child if the person possesses more than 25 images depicting a prohibited sexual act.  Currently, the offense of sexual exploitation of a child is a fourth-degree felony.  

•	Increases the sentence by two years if the child depicted is under 13, which cannot be suspended or deferred.  If the offender is a youthful offender, the sentence may be increased by two years.  

•	Provides that in a prosecution for criminal sexual communication for a child, it is not a defense that the victim was a peace officer posing as a child under 16 years of age. 

•	Increases the sentence for third degree felony for a sexual offense against a child from six to 11 years.

•	Amends the definition of “sex offender” as it applies to probation for sex offenders to include aggravated criminal sexual penetration, criminal sexual penetration in the fourth degree, criminal sexual contact of a minor in the fourth degree, criminal sexual contact in the fourth degree, false imprisonment with the intent to inflict a sexual offense, aggravated indecent exposure, enticement of a child, incest when the victim is under 18, child solicitation by electronic communication device, solicitation to commit sexual contact of a minor, and attempt to commit the listed sex offenses.  

•	Amends the definition of “sex offender” as it applies to parole for sex offenders to include: criminal sexual contact in the fourth degree, false imprisonment with the intent to inflict a sexual offense, aggravated indecent exposure, enticement of a child, incest when the victim is under 18, solicitation to commit criminal sexual contact of a minor, and attempt to commit any of the listed sex offenses.