TESTIMONY OF THE DIVISION OF CRIMINAL JUSTICE

IN OPPOSITION TO:

S.B. NO. 197: AN ACT CONCERNING INDECENT EXPOSURE DIRECTED AT PERSONS UNDER THE AGE OF SIXTEEN

JOINT COMMITTEE ON JUDICIARY
April 5, 2013

The Division of Criminal Justice respectfully recommends the Committee take NO ACTION on S.B. No. 197, An Act Concerning Indecent Exposure Directed at Persons Under the Age of Sixteen. This bill appears to be the same legislation as that proposed as H.B. No. 5505 in the 2012 legislative session. The Division of Criminal Justice recommended NO ACTION on that legislation and does again this year for the same reasons as expressed last year.

S.B. No. 197 proposes to establish a new crime of Indecent Exposure in the First Degree, which would be designated a class D felony. It would appear that the conduct that would be deemed a class D felony under this legislation is already proscribed by section 53-21 (a) (1), Risk of Injury to, or Impairing the Morals of, Children, which is a class C felony. As such, the enactment of S.B. No. 197 would have the effect of providing for a reduced penalty for conduct that is already deemed a potential class C felony under existing law. The Division of Criminal Justice does not support weakening the laws which protect children. S.B. No. 197 should be rejected.

In conclusion, the Division expresses its appreciation to the Committee for this opportunity to offer input on this matter and would be happy to answer any questions or to provide any additional information the Committee might require. Thank you.