HCS HB 1055 -- SEXUAL OFFENSES

SPONSOR:  Mayer (Bruns)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 10 to 0.

This substitute changes possession of child pornography from a
class A misdemeanor to a class D felony.  Under current law, it
is a class D felony for a second or subsequent offense.  The
substitute also requires sex offenders to successfully complete a
sex offender treatment program.  Current law requires only that
the offenders participate in the program.

FISCAL NOTE:  Estimated Net Cost on General Revenue Fund of More
than $100,000 in FY 2005, FY 2006, and FY 2007.  No impact on
Other State Funds in FY 2005, FY 2006, and FY 2007.

PROPONENTS:  Supporters say that there is a direct correlation
between possession of child pornography and child molestation.
This is because pedophiles often show child pornography to their
intended victims to seduce them.  Because possession of child
pornography is just a misdemeanor, the statute of limitation is
only one year.  If it is a felony, it becomes three years.  These
types of cases often take a long time to prosecute, so that extra
time is needed.  Also, prosecuting child molestation is often
made difficult by the child's unwillingness to testify.  If
possession of child pornography is a felony, then at least the
molester can be convicted of a felony without the child
testifying.  With the rapid growth of the Internet, most children
are now in danger of being subjected to child pornography.  To
combat this growing problem, several of the states bordering
Missouri have already changed this crime to a felony.

Testifying for the bill were Representative Bruns; Bill Tackett,
Cole County Prosecutor; Springfield Police Department; Kansas
City Police Officers' Association; Missouri Police Chiefs'
Association; Missouri Family Network; and Missouri Baptist
Convention.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am