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House Ways and Means introduces measure expanding aggravated penalties for lewd conduct with minors
Summary
Representative Josh Tanner introduced RS 32524, which broadens aggravated factors for lewd conduct with minors and would permit life sentences and, in narrow cases involving victims 11 and under and multiple aggravating factors, the death penalty; the committee voted to introduce the resolution with recorded nays.
Representative Josh Tanner introduced RS 32524 to the House Ways and Means Committee, a resolution that broadens aggravated penalties for lewd conduct with a minor, including expanded sentencing ranges for victims aged 12–16 and special provisions for victims 11 and younger.
The measure "deals with lewd conduct with a minor under the age of 16," Tanner told the committee, saying the draft adds aggravating factors and expands the statutory scheme to cover conduct the sponsor described as falling outside current law. Tanner said the proposal would allow for life imprisonment with a minimum of 25 years before parole in some cases for victims 12–16 and would make the death penalty "in play" where a child 11 or younger has suffered multiple aggravating factors.
"The Supreme Court has this wrong," Tanner said in committee about the court's past rulings on capital punishment, urging lawmakers to support a provision he said would allow states to seek a rehearing of limits on capital sentences for certain crimes.
Committee members raised concerns about scope and vagueness. Representative Kiely said the bill could sweep in cases involving classmates and criticized the definition of coercion: "So those 2 things alone could put a high school senior in jail for what, 25 years?" Kiely said, referring to a combination of a weapon and the proposed coercion language.
Representative Birch said he would not support expanding capital punishment in this way. "I'm not ready to... have us, take the death to start, issuing the death penalty, beyond, beyond people committing murder," Birch said, expressing constitutional and policy concerns about adding death-penalty exposures that could prompt litigation.
Representative Crane moved to introduce RS 32524. The committee voted to introduce the resolution; during the roll call the clerk recorded Representatives Achilles and Burch as voting "nay." The committee did not vote on the merits of the underlying sentencing changes; the motion before the panel was only to introduce the measure for further consideration.
The matter will proceed through the committee process with further hearings and potential amendments before any final enactment.
