Under existing law, a person commits the crime of indecent exposure if, with a sexual motivation, the person exposes himself or herself to another in an unwanted manner. The offense is a Class A misdemeanor, but is increased to a Class C felony on a third conviction. This bill would provide that if the victim of indecent exposure is under 12 years of age, the penalty is a Class C felony. Under existing law, directing a child under 12 years of age to engage in sexual intercourse or sodomy is a Class A felony, and directing a child under 12 years of age to engage in sexual contact with another is a Class B felony. This bill would amend each of these crimes to increase the age threshold for child victims. Under existing law, transmitting obscene material to a child by computer is a Class B felony. This bill would provide that the crime of transmitting obscene material to a child may be committed using a cellular device or any other electronic means. This bill would also provide that the crime is committed if the defendant believed he or she was transmitting the prohibited material to a child and that it is not a defense to prosecution that an undercover operative or law enforcement officer was posing as a child or involved in the detection and investigation of an offense. Under existing law, it is unlawful to travel to meet a child for an unlawful sex act with the child. This bill would provide that the crime is committed if the defendant travels to commit an unlawful sex act with a person he or she believes to be a child. This bill would delete an affirmative defense to the crime of kidnapping in the first degree. This bill would further define the term "sex offense" to include voyeurism. This bill would establish the crime of inpatient custodial sexual misconduct, committed when an employee of an inpatient or residential drug rehabilitation or mental health facility solicits or engages in any sexual conduct with a patient of the facility. This bill would provide that consent is not a defense to the crime. This bill would also establish criminal penalties for a violation. This bill would also make various conforming revisions and nonsubstantive technical changes to update code language to current style.

Statutes affected:
Introduced: 13A-6-43, 13A-6-44, 13A-6-68, 13A-6-111, 13A-6-124, 13A-6-243