New laws are tougher on family members and trusted adults who commit sex offenses

This session, the Legislature passed a package of sex offender bills, including House Bill 3277, imposing a 25-year minimum sentence for certain sex crimes. Sex crimes against anyone, particularly children and vulnerable adults, are despicable and the Legislature has worked hard to pass effective laws that remove dangerous offenders from our communities.

Promoters of Initiative 936 (and some news reports) have erroneously claimed that HB 3277 exempts family members from the 25-year minimum sentence. Not true! There are no explicit exceptions for family members. HB 3277 requires a prosecutor to file a special allegation for certain sex offenses in certain circumstances, unless doing so will jeopardize the ability to get a conviction at all. Three categories of offenses are created relating to the age or vulnerability of the victim and, for certain crimes, the victim’s relationship to the offender. Any of the three categories could apply to family members.

This bill is actually tougher than “Jessica’s Law” which only applies to children under 12, because it also includes forcible sex crimes against vulnerable adults and children younger than 15 and leaves enough flexibility in the system to put the most number of offenders away for the longest possible time.

Studies continue to demonstrate that a child is most likely to be the victim of a family member or trusted adult. No legislation passed this session makes exceptions or reduces penalties in existing law to be more lenient on family members or trusted family friends.

Debbie Regala State Senator, 27th Legislative District and co-chair of the Sex Offender Management Task Force

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