4 sex-offense bills get the once-over

A quartet of bills addressing Utah law in the area of sexual offenses were reviewed by legislative committees Wednesday and while three would ratchet up current statutes, one proposes a retraction following a federal court ruling against the state.

A proposal that would criminalize the act of "viewing" child pornography without actually possessing the material ran into trouble in the House Judiciary Standing Committee when the sponsor of HB97, Rep. Ron Bigelow, R-West Valley, noted that he needed to add language to protect those who inadvertently or unintentionally viewed pornographic material involving minor. Committee members asked that a clause addressing the issue be added, as well as some further clarifying language in the definition of the offense.

The proposed law stems, in part, from a case involving a West Jordan schoolteacher who was arrested in a Utah Internet Crimes Against Children Task Force sting last spring. A babysitter who borrowed the man's laptop computer came across evidence of visits to child pornography sites, and after she contacted police he was charged with child pornography. He was eventually found innocent, however, because evidence showed only that he visited the sites and never actually possessed the material.

This loophole, said Bigelow, would be closed by his proposal, which would impose a third-degree felony charge for the act. Bigelow told the committee that viewing illegal material that contains images of children clearly crosses the line, whether that person possesses it or not.

"In our society, we allow some freedom of expression," Bigelow said. "But, when it comes to children, we have a little different viewpoint."

A current Utah statute, requiring registered sex offender to provide passwords for Internet sites, like chat rooms, would be repealed by the provisions of HB247. This proposal addresses the federal court decision in Doe v. Shurtleff that found that the ability to use the Internet anonymously is an act protected under the First Amendment. The bill passed out of the committee favorably.

Two other reviewed by the House Law Enforcement and Criminal Justice Committee would address regulations imposed on those already convicted of sexual offenses.

HB29 forbids anyone who has been convicted of a crime involving a child under the age of 14 from having any solo contact with a child under 14, with exceptions for parents and emergency situations.

HB42 requires those who are convicted sex offenders in other states to register with local law enforcement upon relocating to Utah. It would also require Utah residents who are convicted sex offenders to register upon leaving the jurisdiction of the state correction system after completing probation or parole.

Contributing: David Servatius, Ben Winslow