A bill that would strengthen penalties against individuals who sexually abuse, assault, or exploit children advanced from the House Judiciary Committee on Wednesday.
Rep. Matt Lockett, R-Nicholasville, is the primary sponsor of House Bill 278. He said the main goal of the legislation is to protect children.
“(The intent) is to have zero tolerance for child sexual assault, child sexual abuse, child pornography, or human trafficking,” Lockett said. “We have got to protect our most vulnerable people in our communities and show others that we absolutely mean business when it comes to protecting our children.”
HB 278 does several things, Lockett said. One section of the bill would prohibit anyone convicted of a violent offense or a felony or misdemeanor sex crime from working in a public school. Another provision would eliminate the statute of limitations for child sex abuse cases.
Lockett said that change is important because, under statute, victims must report the crime within 10 years after turning 18. Studies show most adults do not report being sexually abused as a child until they are close to 40 years old, he said.
“It’s important to note that this provision is not retroactive and does not include anyone whose statute has already expired,” Lockett added.
Penalties for adult offenders who are in a position of authority or special trust with the victim would be increased under HB 278. Second-degree rape and second-degree sodomy would be upgraded to a Class B felony under that provision.
There would also be increased penalties for certain offenses depending on the age of the victim. Human trafficking would become a Class B felony under HB 278. The charges would be upgraded to a Class A felony if the victim is under the age of 18.
HB 278 would also require individuals convicted of possessing or distributing child pornography to serve at least 85% of their sentence.
During discussion of the legislation, several committee members expressed concern over the language “any persons” used in the child pornography section of the bill.
Rep. Patrick Flannery, R-Olive Hill, said he supports HB 278, but is concerned juveniles who send sexually explicit photos of themselves to others would face the same criminal penalties as adults.
House Majority Whip Jason Nemes, R-Middletown, said he shares the same concerns. He said teens who engage in that behavior should be held accountable but not to the same degree as adults.
Lockett said the “any persons” language in the bill is no different than current statute.
“I think maybe we should clarify that it doesn’t apply to that situation,” Nemes responded, adding he’d like to see a floor amendment to address the issue.
Lockett said he supports Nemes’s idea for a floor amendment.
The House Judiciary Committee approved HB 278 by a 15-0 vote with two pass votes.
In explaining her “pass” vote on HB 278, Rep. Pamela Stevenson, D-Louisville, said she is a “pass” until the language issue is resolved.
“I think what you said was very important – that we must protect children,” she added.
Nemes thanked Lockett for the legislation as a whole before voting “yes” on HB 278.
“I think it’s a very important issue, and I’m glad we’re addressing it,” he said.
HB 278 now goes before the full House for consideration.
Information from the Kentucky Legislative Research Commission.
