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  Senate Panel Backs Tougher Abuse Penalties

By Peter Smith
The Courier-Journal
March 27, 2008

http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080327/NEWS0101/80327025

Bills that would toughen penalties against Internet predators, sexual abusers and those who fail to report sexual abusers were approved unanimously by the Senate Judiciary Committee this morning and are expected to pass the full Senate.

Advocates for House Bills 367 and 211 — which have already passed the House — said tougher penalties are needed in the wake of revelations about sexual abuse of children in churches and schools and predators' use of the Internet to harass and make sexual advances on minors.

"Children in our schools, youth sports leagues, 4-H, scouts, etc., deserve to be protected from people in positions of trust and authority," said Shannon Whelan of the group Protect Our Children KY, who applauded both bills.

John Scott, who was sexually abused by a priest in the Archdiocese of Louisville, said he is "relieved that the people are listening."

"We've been up here three years in a row," added Scott, citing previous efforts to toughen the abuse laws. "It's been very difficult."

HB 211 would make felonies out of several categories of sex crimes against older minors — offenses that are currently misdemeanors. By making them felonies, the prison sentences can be more severe, and there would be no time limit on when they could be prosecuted.

Among the changes: adults over age 21 would face felony charges for sexual contact involving minors under 16, rather than the current victim age limit of 12. Any sexual contact by someone in a position of trust, such as a coach, teacher or clergy member, involving a victim under 18 also would be a felony.

The bill would also impose progressively stronger penalties each time someone fails to report knowledge of sexual abuse to the authorities.

"It's a real good day for the children in Kentucky," said the sponsor of HB 211, Rep. Jim Wayne, D-Louisville, who said earlier that his father was sexually abused by a Catholic priest.

HB 367 was passed to ban a variety of crimes using new electronic technologies.

It prohibits using any communications system to entice a minor into a sexual offense; bars registered sex offenders from using social-networking sites such as MySpace and Facebook and requires the offenders to provide updated e-mail addresses to authorities; and prohibits showing a minor pornography via Webcam.

The bill would also allow authorities to seek the forfeiture of property used in such cybercrimes, and it would allow the prosecution of those soliciting sexual acts from those they believe to be minors — allowing police to arrange stings of predators in which adults pose as minors online.

 
 

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