July 30, 2007 |
2007-R-0459 | |
LEGISLATION ON CHILD PREDATORS | ||
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By: Sandra Norman-Eady, Chief Attorney | ||
You asked for a summary of the child predator legislation passed during the 2007 legislative session.
SUMMARY
The legislature passed one act on child predators this past legislative session: PA 07-143, An Act Concerning Jessica's Law and Consensual Sexual Activity Between Adolescents Close in Age to Each Other. The governor signed the act into law on June 25, 2007 and it took effect six days later, on July 1, 2007.
The act, in relevant part:
1. establishes a new crime of aggravated sexual assault of a minor;
2. enhances the penalty for enticing children under age 13;
3. imposes mandatory minimum terms of imprisonment for enticing a child under age 13, having sexual or indecent contact with a child under age 13, employing a minor in an obscene performance, and importing or possessing child pornography; and
4. creates an exception to the hearsay rule for statements by victims of sexual or physical assault who are under age 13.
PA 07-143
Aggravated Sexual Assault of a Minor
Under the act, a person commits this crime when he or she commits certain crimes against a child under age 13 and:
1. kidnaps, illegally restrains, stalks, disfigures, causes serious injury to, or uses violence against the victim;
2. commits the same offense against more than one victim under age 13;
3. does not know the victim; or
4. has been previously convicted of a violent sexual assault.
The covered crimes are contact with the intimate parts of a child under age 13 in a sexual or indecent manner likely to impair the child's health or morals, 1st or 2nd degree sexual assault, 1st degree aggravated sexual assault, 1st or 2nd degree promoting prostitution, and employing a minor in an obscene performance.
Aggravated sexual assault of a minor is a class A felony, punishable by 10 to 25 years in prison, up to a $ 20,000 fine, or both. For first offenders, the mandatory minimum prison term is 25 years. For subsequent offenders, it is 50 years.
Enhanced Penalties
The act enhances penalties, including imposing mandatory minimum sentences for certain crimes against children. Table 1 shows the crimes, the existing penalties for violations, and the act's enhancements.
Offense |
Existing Penalty |
Additional Penalty Under the Act |
Risk of Injury/Impairing Morals: Sexual contact with intimate parts of a victim under age 13 CGS § 53-21(a)(2) |
B Felony, punishable by 1-20 years in prison, a fine of up to $ 15,000, or both |
Mandatory minimum term of 5 years |
Employing Minor in Obscene Performance: Actor employs minor to promote any material or performance that is obscene as to minors CGS § 53a-196a |
A Felony, punishable by 10-25 years in prison, a fine of up to $ 20,000, or both |
Mandatory minimum term of 10 years |
Enticing a Minor: Actor uses interactive computer service to knowingly persuade or entice victim under age 13 to engage in prostitution or other sexual activity which would subject the actor to criminal prosecution CGS § 53a-90a |
D Felony, for 1st offense, C Felony for 2nd offense, and B Felony for 3rd and subsequent offenses |
B Felony, punishable by 1-20 years in prison, a fine of up to $ 15,000, or both. The sentence includes a 5-year mandatory minimum sentence for a first offense and a 10-year mandatory minimum for each subsequent offense. |
Importing Child Pornography: Intentionally and knowingly imports or causes to be imported into this state three or more visual depictions of child pornography CGS § 53a-196c |
B Felony, punishable by 1-20 years in prison, a fine of up to $ 15,000, or both |
Mandatory minimum term of 5 years |
1st Degree Possession of Child Pornography: Actor knowingly possesses 50 or more visual depictions of child pornography CGS § 53a-196d |
B Felony, punishable by 1-20 years in prison, a fine of up to $ 15,000, or both |
Mandatory minimum term of 5 years |
2nd Degree Possession of Child Pornography: Actor knowingly possesses 20 to 49 visual depictions of child pornography CGS § 53a-196e |
C Felony, punishable by 1-10 years in prison, a fine of up to $ 10,000, or both |
Mandatory minimum term of 2 years |
3rd Degree Possession of Child Pornography: Actor knowingly possesses fewer than 20 visual depictions of child pornography CGS § 53a-196f |
D Felony, punishable by 1-5 years in prison, up to a $ 5,000 fine, or both |
Mandatory minimum term of 1 year |
ADMISSIBILITY OF EVIDENCE
The act creates an exception to Connecticut's hearsay rule for statements by young children about their sexual or physical assault by someone with authority or apparent authority over them. It requires courts to accept these statements as evidence in criminal, juvenile, or civil proceedings if:
1. the court finds, in a hearing conducted outside of the presence of any jury, that the circumstances of the statement, including its timing and contents, provide particularized guarantees of its trustworthiness;
2. the statement was not made in preparation for a legal proceeding;
3. the proponent of the statement (a) tells the adverse party what the statement contains, including when, where, and to whom it was made and under what circumstances that indicate its trustworthiness; (b) tells the adverse party that he or she intends to offer it as evidence; and (c) gives the adverse party fair opportunity to counter it; and
4. the child (a) testifies and is subject to cross-examination at the proceeding or (b) is unavailable as a witness and (i) there is independent nontestimonial corroborative evidence of the alleged act and (ii) the statement was made before the defendant's arrest or institution of juvenile proceedings in connection with the act described in the statement.
The act does not:
1. prevent the admission of any statement under another hearsay exception,
2. allow broader definitions in other hearsay exceptions for statements made by children under age 13 about sexual or physical assault by someone with authority or apparent authority over them than are allowed for other declarants, or
3. allow the admission pursuant to the residual hearsay exception.
By law, “hearsay” is a statement made out of court that is offered in court to establish the truth of the facts contained in the statement (§ 8-1, Ct. Evidence Code). Under prior law, the general rule was that hearsay was inadmissible in a court of law unless the evidence code, the General Statutes, or the Practice Book provided otherwise (§ 8-2, Ct. Evidence Code). Previously, there was no so-called “tender age” exception to the hearsay rule.
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