HCS SS SCS SB 5 -- SEXUAL OFFENSES AGAINST CHILDREN

SPONSOR:  Loudon (Cox)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 9 to 0.

This substitute changes the laws regarding sexual offenses
against children.  In its main provisions, the substitute:

(1)  Entitles any person who was the victim of certain sexual
offenses as a child and who suffers from a physical or
psychological injury or illness as a result to a civil action to
recover actual damages resulting from the injury or illness
within 10 years of reaching 21 years of age or within three years
of the date the plaintiff discovers that the injury or illness
was caused, whichever occurs later;

(2)  Clarifies that the crime of child pornography in the first
degree includes child pornography of a child younger than 14
years of age or obscene material portraying what appears to be a
child younger than 14 years of age;

(3)  Clarifies that the crime of child pornography in the second
degree includes child pornography of a minor younger than 18
years of age or obscene material portraying what appears to be a
minor younger than 18 years of age;

(4)  Requires that in any criminal proceeding, any property or
material that constitutes child pornography will remain in the
care, custody, and control of either the state or the court; and

(5)  Requires the Department of Public Safety to distribute
grants to multijurisdictional enforcement groups that are
investigating Internet sexual crimes against children.

The substitute contains an emergency clause.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of More than
$350,000 in FY 2008, FY 2009, and FY 2010.  No impact on Other
State Funds in FY 2008, FY 2009, and FY 2010.

PROPONENTS:  Supporters say that the bill allows certain victims
of sexual offenses to have a civil cause of action against his or
her predator, increases the penalties for the possession and
distribution of child pornography, and makes it easier for
prosecutors to prosecute child pornography cases.

Testifying for the bill were Senator Loudon; Andy Anderson, Boone
County Sheriff's Department; Eric Zahn, Missouri Association of
Prosecuting Attorneys; Missouri Family Network; and Missouri
Baptist Convention, Christian Life Commission.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say certain live
performances that the bill addresses are afforded First Amendment
protection; and therefore, the bill could be found
unconstitutional.  In addition, a homeowner's insurance policy
could be subject to the civil action permitted in the bill.

Testifying on the bill were Motion Picture Association of
America; and Missouri Insurance Coalition.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am