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Committee introduces bill broadening aggravated penalties for lewd conduct with minors
Summary
Rep. Josh Tanner introduced RS 32524 to expand aggravating factors for lewd conduct with minors, proposing increased penalties including life imprisonment with a 25-year minimum and a provision that could make the death penalty applicable in limited circumstances; members raised concerns about vague definitions and constitutional limits.
Representative Josh Tanner, a Republican from District 14, introduced RS 32524 to the House Ways and Means Committee, saying the draft expands aggravating factors for lewd conduct with a minor and increases penalties.
"This deals with lewd conduct with a minor under the age of 16," Tanner said when presenting the draft. Tanner told the committee the measure preserves existing elements of current law while adding aggravating factors that would allow a life sentence with a minimum of 25 years before parole when two or more aggravating factors apply for victims ages 12 through 16. He also said the draft includes language that could make the death penalty "in play" for perpetrators of certain crimes against children 11 years and younger when multiple aggravating factors are present.
Tanner referenced a U.S. Supreme Court precedent in the discussion, telling the committee that the Court previously ruled such a death-penalty application unconstitutional in the case he named. "Patrick Kennedy versus Louisiana," he said, and argued the Court should revisit that holding.
Committee members pressed on definitions and scope. Representative Achilles asked for a definition of "coercion." Tanner responded that, in the draft, coercion meant an act of enticing or leading someone — for example, telling a child that a parent had been contacted to persuade them to enter a vehicle. Representative Kiely raised concern that the draft’s aggravating-factor structure could sweep in 16- to 18-year-old classmates, noting a hypothetical in which possession of a hunting rifle plus a broad coercion definition could trigger the higher penalty. Kiely told the committee, "So I'm a no on this print."
Representative Birch said she supports severe penalties for heinous crimes but opposed adding death-penalty language to the state code, calling the constitutional and legal consequences a reason to reject that part of the proposal. "I have no problem with capital punishment for capital crimes," Birch said, but added she was not prepared to expand death-penalty exposure beyond murder given constitutional concerns and the prospect of lengthy litigation.
The committee voted to introduce RS 32524. The chair recorded Representatives Achilles and Birch as voting "nay." The motion to introduce carried.
Votes at a glance: RS 32524 — motion to introduce (moved by Representative Crane); outcome: introduced (nays recorded: Representative Achilles; Representative Birch).
