Establish the crime of grooming and provide a penalty therefor.
Impact
If passed, the bill would significantly impact state laws by explicitly criminalizing grooming and designating it as a Class 4 felony upon the first conviction, escalating to a Class 2 felony for subsequent violations. Importantly, the law specifies that prosecutions can proceed without the need for a conviction for any predicate act used to establish the grooming conduct, ensuring wider applicability and enforcement of the law. Additionally, it allows charges to be initiated before the victim turns twenty-five or within seven years of the offense, extending the opportunities for accountability in delayed reporting cases.
Summary
SB94, introduced by Senator Reed, is a bill focused on establishing the crime of 'grooming' with specific legal definitions and penalties for individuals engaging in such behaviors. The bill defines grooming as actions taken by an adult, specifically someone aged eighteen years or older and at least four years older than a child, that are aimed at building trust or emotional connections with a child under the age of eighteen for the purposes of sexual contact or penetration. The statute outlines various behaviors that constitute grooming, such as exposing a child to explicit materials or providing incentives for sexual engagement, stating that three or more separate inappropriate incidents can establish a course of conduct leading to prosecution.
Contention
One potential area of contention around SB94 is its broad definition of grooming which could raise concerns about the implications for adults interacting with minors. Critics may argue that the definitions could be misapplied in benign situations, complicating legal proceedings against individuals who may not have malicious intent. Furthermore, the absence of a requirement for a conviction on related charges before grooming charges can proceed may lead to criticisms about fairness and the potential for wrongful accusations. The bill’s stipulation that no sexual contact or penetration needs to occur for charges of grooming could also spark debates about the balance between protecting children and ensuring equitable legal processes for adults.
Public safety; policy and technical changes made to provisions including crime victim policy, criminal justice reform, public safety policy, predatory offenders, and corrections policy; crimes established; penalties provided; data classified; and reports required.