Two measures dealing with sexual offenses among minors have failed in committee.
Sen. Chuck Gray, R-19, summed up his opposition to the measures by saying their language tended to condone sexual conduct among adolescents and teens.
One bill would have allowed a minor to use age as a defense against a sexual misconduct charge. The second measure would have given judges more discretion when juveniles are tried as adults for a sexual offense.
“I agree with the intent… but I think it opens the doors for those predators too,” Gray said of S1425.
During the hearing of the Senate judiciary committee, parents pleaded with legislators to change the laws that subject juveniles to long sentences when they are prosecuted for sexual offenses.
Both bills were authored by Sen. Karen Johnson, R-18.
“We’re talking about young people, kids, immature people that make bad decisions. To have them adjudicated as adults is wrong,” she said.
With a vote of 3-3 and one not voting, senators rejected S1425. The bill states a defendant can use age as a defense if the victim is 13 or 14 and the defendant is no more than 24 months older and the conduct is consensual. It also would apply to cases when the supposed victim is 15, 16 or 17 and the defendant it no more than 36 months older.
The second bill, S1426, would give the courts discretion in handing down sentences against a minor who has committed a sexual offense for the first time in an act that did not involve force or threats.
Supporters of the bill, which also failed by a 3-3 vote, argued that it would not absolve the minor of a sexual offense. It would also not bar the county attorney from prosecuting the case. It would only give the court the option to hand down the minimum sentence.
Ken Cheuvront, D-15, said the bill touched only on one aspect of the judicial process — sentencing.
“This is just giving the judge discretion … Do you believe that every single case should have mandatory sentence, in every circumstance?” he asked.
“Under existing law, there is no discretion. If you are convicted, it is automatic sentencing (for) that child,” he said.
Cheuvront, Johnson, and Richard Miranda, D-13 supported the bills. Gray, and senators Jim Waring, R-7, and Ron Gould, R-3, rejected them.
The bills were heard in the Senate judiciary committee Feb. 12.