From Deseret News archives:
Jessica's Law gains support
Bill stiffens penalties for child sex offenses
The bill, supported by Rep. Carl Wimmer, R-Herriman, and Sen. Howard Stephenson, R-Draper, proposes a mandatory 25 years to life in prison for a first-time conviction of rape of a child, object rape of a child or sodomy upon a child. The bill also proposes offering a mandatory 15 years to life sentence for possible plea deals.
During a press conference Monday, Huntsman said he fully supported the bill and expected that he would sign it into law if the Utah Legislature votes to approve it.
"Utah must be a safe haven for children, not for child sex offenders," Huntsman said, adding this bill would serve as a warning for potential offenders to think twice.
"This bill will serve as the gold standard in the country for child sex offender laws," Wimmer said.
He said the bill would offer a lower plea deal sentence in cases where child victims, or their parents, would not want to testify in court. In cases of plea deals, the bill would allow judges leeway to lower sentences depending on the facts of the case.
When asked if there were any outlets in the law to prevent innocent people from being wrongly convicted, Wimmer said someone who is innocent would be less likely to plead guilty to a 15-year mandatory sentence than a lesser sentence offered under current Utah law.
Lawmakers said the bill is needed, mainly because under current law, which mandates 15 years to life for such crimes, there is no alternative sentence for plea deals, resulting in extremely light sentences.
The bill, if passed, would make punishment for rape of a child, object rape of a child or sodomy upon a child the most severe criminal punishment on Utah's law books, second only to capital murder, which can include the death penalty, life without parole or life with parole.
The punishment for aggravated felony murder is 20 years to life. There is also a mandatory 15 years for murder if the victim was that person's spouse, under Lori's Law, named in memory of murder victim Lori Hacking.
The newly proposed bill is similar to one passed in Florida called Jessica's Law, in memory of Jessica Lunsford, who was raped and murdered in 2005 in Florida by a previously-convicted sex offender.
Wimmer said there are no studies available now to determine if Florida's law has had a direct impact on the amount of sex crimes committed against children.
"This bill is about bringing justice for the victims," Wimmer said.
The bill could mean an increase in Utah's penalty for aggravated murder. Wimmer said additional legislation may be needed to raise the penalty for murder to the level of his own bill.
Jessica's Law may be one of several bills in the works for the next legislative session geared toward child sex offenses.
E-mail: gfattah@desnews.com
