Committee advances bill to carve out narrow 'Romeo and Juliet' defense to registration

JUDICIARY COMMITTEE - SENATE · February 20, 2019

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Summary

SB 351 would create a prospective defense to sex‑offender registration for narrowly defined consensual juvenile/age‑gap cases and is explicit about non‑retroactivity; the committee passed it after expert testimony from the Arkansas Crime Information Center.

The Senate Judiciary Committee advanced SB 351 after testimony from the Arkansas Crime Information Center about a narrowly drawn 'Romeo and Juliet' protection.

Brad Kuzort, director of the Arkansas Crime Information Center, told the committee the bill would "codify a definition for a Romeo and Juliet crime" and explained the draft limits the defense to cases where the victim is under 18 and the offender is no more than three years older. Kuzort said the protection would apply unless the judge finds the act involved "force or coercion, threat or intimidation," in which case the offense would remain registrable.

Committee members asked whether the bill is retroactive and whether people could be removed from the registry. Kuzort stated the measure "is not retroactive" and that removal for people already on the registry is governed by another statutory provision he cited in testimony (referred to in the hearing as '12 12 9 19'), which allows petitioning the court for removal. Kuzort also explained how interstate transfers are handled: Arkansas requires registration when the prior conviction is substantially similar or when the person was required to register in the other state; the bill would create a prospective defense in Arkansas for qualifying convictions established elsewhere.

After questions and no registered opponents, the sponsor closed and the committee approved SB 351 by voice vote. The committee record shows no roll‑call tally; the action was taken by voice vote.