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Wisconsin Adopts Romeo and Juliet Law…Sort of

Yesterday, Governor Scott Walker signed 2017 Assembly Bill 414 (now 2017 Wisconsin Act 174), creating the brand new crime of Underage Sexual Activity. In a saner world, a statute specifically criminalizing consensual sex between teenagers wouldn’t be good news, but that’s not the world we live in.

As you already know if you’ve read Robert’s story, his conviction for that very same act carries a much uglier name: 2nd Degree Sexual Assault of a Child.  In addition, that crime was a felony, and a registry offense.

As of March 30 (one day after today’s publication of the Act), sex with a “child” who has attained the age of 15 will, if the actor is under the age of 19:

  • Be known as Underage Sexual Activity rather than 2nd Degree Sexual Assault of a Child
  • Be a Class A misdemeanor rather than a Class C felony
  • Carry a maximum sentence of 9 months in jail, rather than up to 40 years in prison
  • Not require sex offender registration and reporting, unless it is necessary in the interest of public protection

While the more reasonable model is to provide an exception to the prohibition on sex with a minor for age peers, this change represents a significant–and, for many people, life-altering–improvement.

If this law had been in effect in 1999, Robert would not have a felony conviction today, and would be eligible for small business loans and other opportunities. He would have been incarcerated for no more than 9 months–less than 1/5 of the time he served. That time would have been served in a county jail rather than a state prison.

He would never have been required to register as a sex offender, and could have developed an entirely different relationship with his stepdaughter and nieces, since he would have been free to take them to parks and carnivals, attend school events, and otherwise play a natural role in their lives. He wouldn’t have felt that he had to delay having his own child for years, until he had completed parole and could be sure that his life wouldn’t be interrupted again.

He wouldn’t have hit a major speed bump, professionally and psychologically, when an angry former employee told an important client about his conviction.

Those are just the differences that are clear and concrete. This list barely scratches the surface of the harm that could have been avoided: stress on his family, loss of business opportunities, strain on his relationship and more. And, his story is not unique.

This change in the law is a major victory, and one we intend to see enacted (or topped) in every state. But, it’s a bittersweet victory, because much of the damage Robert and others suffered under the prior law cannot be undone.

 

 

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17-Year-Old Convicted of Felony Child Pornography

Just in case you thought we’d maxed out on the insanity surrounding teen criminal charges and sex offender registration stemming from consensual sexual activity, this Washington case introduces a couple of new twists.

The defendant, who was also the sole victim, was a 17-year-old male with Asperger’s syndrome. (For those unfamiliar with the condition, Asperger’s is on the autism spectrum, and is characterized in part by an inability to read social cues and discern appropriate behavior.)

His crime was sending a photograph of his penis to an adult woman–an act that would not have been a registry offense if he’d been 18.

The Washington State Supreme Court upheld the conviction, relying in part on the reasoning that the legislature could have excluded teens if it so chose. (But…hey…Justices…about that “the perpetrator is also the victim” issue…?)

There may be a moment of sanity coming, though. The Washington legislature seems to have taken the court’s argument to heart, and is at work to craft a solution that would protect teens–at least, to a degree. The state Senate approved a bill that would exempt teens who share explicit photos of themselves or others from the felony child pornography law. Under some circumstances, those sharing photos could still be charged with a misdemeanor.

The bill is awaiting a vote in the House.

Olympia Takes on Sexting by Kids

 

 

 

 

 

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Virginia Legislator Aims to Protect Teens from Child Pornography Charges

The Virginia Senate has passed a bill that would reduce charges for teens facing criminal charges for “sexting”. The bill’s sponsor, Virginia Senator Scott Surovell, acknowledges that exchanging explicit photos is a common practice among high school students and says, “We don’t want to make every kid in the school a felon.”

Unfortunately, it appears that Surovell, who started out with the right idea, is comfortable making every kid in the school (or, at least, the significant percentage who admit to exchanging sexually explicit photos) a criminal, so long as that crime is a misdemeanor.

The bill is a step in the right direction, but it doesn’t decriminalize sexting between similar-age teens. It only allows the prosecutor the option of charging teen defendants with a misdemeanor instead of a felony. Teens “sexting” with other teens could still face felony charges, and could still be required to register as sex offenders.

Teens Could Avoid Felony Charges for “Sexting”: Senate Passes Bill

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California Backs Away from Lifetime Sex Offender Registration

In October, California governor Jerry Brown signed a bill that will allow registered sex offenders to petition for removal from both the public registry and law enforcement listings.

Interestingly, the bill had significant support from law enforcement, for the same reason cited by many critics of sex offender registration policies across the country: with 100,000 names on the registry, it was difficult for both law enforcement and the public to determine who presented a threat.

Previously, California required those convicted of “registry offense” sex crimes to register for life.

Under the new law, about 90% of registered sex offenders will be able to petition for removal after either 10 or 20 years, as long as they have not committed a serious crime such as a violent felony or another sex crime in the interim.

This common-sense modification benefits law enforcement and communities as much as it does rehabilitated sex offenders and those who should never have been placed on the registry, such as teens who were involved in consensual sexual relationships with other teens. But, it’s taken years to get the measure through the legislature because many politicians don’t want to be associated with this type of bill–a problem that stands in the way of needed reform in many states and at the federal level.

New California Law Allows Sex Offenders to be Removed from the Registry