These two child porn crimes don’t require sex offender registration. A Kansas bill would change that.
Kansas Attorney General Derek Schmidt is pushing for lawmakers to require people convicted of certain child pornography crimes to register as sex offenders.
"This is a matter of the law needing to catch up with technology," Schmidt said in a statement. "Sadly, as the methods of distributing visual depictions of children being sexually abused have expanded, so too must the legal tools available to respond to that sort of illegal behavior that harms kids. This added tool is needed to help prevent more kids from becoming victims."
Senate Bill 368 was introduced at the attorney general's request. The Senate Judiciary Committee held a bill hearing on Monday.
The bill would require people convicted of internet trading in child pornography or aggravated internet trading in child pornography to register as sexually violent offenders.
Such people aren't required to register as sex offenders, even though people convicted of other sex crimes against children are required to register.
"We believe that that's an oversight that we should correct," senior assistant attorney general Melissa Johnson told the committee.
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Bill would require sex offender registration for 25 years
Under SB 368, sex offender registration would be for 25 years for internet trading in child pornography, as well as for aggravated internet trading in child pornography in cases where the victim is 14 or older. The timeline starts after the date of parole, discharge or release — or from the date of conviction if the person was not sentenced to confinement. Lifetime registration would be required when the victim of aggravated internet trading in child pornography is younger than 14.
"In the past, some people have downplayed the impact that the distribution of images has on the victim as there is no contact offense by persons who view or trade the images at the time the images are viewed," Johnson said in written testimony.
"In actuality, these explicit images serve as the permanent documentation of the abuse suffered by the child. The long-lasting effects of knowing that the sexual abuse images are on the internet indefinitely can be particular harmful for victims."
Existing statutes makes it a felony to use any electronic device connected to the internet to knowingly share images of a child being sexually abused, also known as child porn. The related internet trading crimes carry penalties ranging from probation to life in prison, depending on factors that include the age of the victim.
"There is a strong correlation between collecting and disseminating child pornography and contact offenses against a child," Johnson wrote. "By requiring registration for individuals convicted of these offenses in Kansas, it will provide important information to parents and law enforcement in their continued work to provide safety for Kansas children."
Convictions low for aggravated internet trading in child pornography
Kansas Sentencing Commission executive director Scott Schultz testified that the bill could increase the prison bed population if offenders don't follow registration requirements. But that is unlikely to have a significant impact because of the low number of convictions for the crimes.
Last fiscal year, there were two convictions for aggravated internet trading in child pornography. The prior two fiscal years had zero convictions.
The Johnson County Sheriff’s Office backs the bill, said Greg Smith, special deputy sheriff for government affairs.
"We feel this is an important step in keeping children safe, providing peace of mind for parents, as well as providing assurance to victims that the whereabouts of their perpetrator(s) are known," Smith said in written testimony.
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