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Senate Bill 0347

Senate Bill 0347

ARCHIVE (2013)

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DIGEST OF SB 347 (Updated April 26, 2013 7:01 pm - DI 106)

Child solicitation and attempt. Raises the offense of child solicitation to a Class B felony if a person solicits the child to engage in sexual intercourse or deviate sexual conduct and the person: (1) has a previous conviction; or (2) travels to meet the child after using a computer network to solicit the child. As a condition of the sex offender's probation, parole, or participation in a community transition program, prohibits a sex offender from using social media to contact a child less than 16 years of age; makes it a sex offender Internet offense, a Class A misdemeanor, if the sex offender knowingly or intentionally violates this condition; and makes the sex offender Internet offense a Class D felony if the sex offender has a prior unrelated conviction for a sex offender Internet offense. Provides a defense to a prosecution for a sex offender Internet offense if the sex offender reasonably believed that the child was at least 16 years of age. Provides that a person may be convicted of attempted child molesting if the person believed the intended victim was a child under 14 years of age at the time the person attempted to commit the offense. Expands the definition of "social networking web site" and "instant messaging or chat room program". Provides that a person performs a "substantial step" for purposes of an attempt crime if the person, with intent to commit a sex crime against a child, communicates with the child concerning the sex crime and travels to another location to meet the child. Specifies that a person at least 18 years of age can commit the offense of inappropriate communication with a child. (Under current law, the offense can be committed only by a person at least 21 years of age.) Raises inappropriate communication with a child to a Class D felony if the person has a prior unrelated conviction for a sex offense. Urges the legislative council to assign to the criminal law and sentencing policy study committee or another existing study committee the topic of the collection of crime and delinquency data.
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