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Senate panel backs amendment raising minimums for child-exploitation convictions
Summary
The subcommittee amended and advanced SB 7-23, which raises mandatory minimum terms for certain child-exploitation offenses and establishes tiered penalties for possession based on the number of images; Attorney General Wilson urged the changes to address repeat offending.
The Senate subcommittee on [committee name] voted to adopt an amendment and advance SB 7-23, a bill that increases minimum prison terms for some child-exploitation offenses and creates tiered penalties for possession based on how many images an offender possesses.
Miss Baker summarized the measure, saying, “This bill would increase the minimum penalty for first degree exploitation of a minor to 5 years imprisonment and for second degree ... to 3 years imprisonment,” and described proposed ranges for third-degree possession tied to image counts.
Attorney General Wilson testified in strong support of the bill, telling senators that Internet Crimes Against Children task-force investigators have urged changes to address recidivism. “Someone who's currently on the *** offender registry, if they possess one photo, there should be no discretion. They should get a mandatory minimum of 5 years in prison,” Wilson said, explaining the office’s rationale for a higher threshold and for tiered punishments on possession to give prosecutors leverage.
Members questioned whether higher mandatory minimums will reduce repeat offending and raised concerns about long-term supervision and double jeopardy. The Senator from Richland asked whether raising the front-end minimum would actually address recidivism; Wilson and other proponents said the changes are intended as both punishment and prosecutorial leverage in difficult technical cases.
The committee adopted a subcommittee amendment, described by Miss Baker as clarifying that the 5-year mandatory minimum for the third degree applies when the defendant has a prior conviction that required registration as a *** offender, and stating that the minimum may not be suspended and parole is not available until the minimum is served. By voice vote the amendment passed with no opposition and the bill, as amended, was advanced to full committee.
Next steps: SB 7-23 will be scheduled for consideration in full committee, where additional debate or floor amendments could be offered.
