High-speed Internet, accessing the Web by cell phone and all the
other nifty amenities associated with technology puts the world at
people’s fingertips. But a local senator is putting sexual
predators who lurk in the cyber shadows waiting to prey on
unsuspecting children in his crosshairs.
Hollister – High-speed Internet, accessing the Web by cell phone and all the other nifty amenities associated with technology puts the world at people’s fingertips. But a local senator is putting sexual predators who lurk in the cyber shadows waiting to prey on unsuspecting children in his crosshairs.
State Sen. Jeff Denham, R-Merced has introduced a bill targeting pedophiles who lure children over the Internet by focusing on their intent before any action takes place. Senate Bill 613 would make it a crime to lure a child over the Internet with the intent to have sexual relations with them, Denham said.
However, some lawyers say the bill is unconstitutional and you can’t charge someone with a crime they didn’t commit.
“Now, the crime is not committed until the actual sexual act takes place,” Denham said. “We need a law in place to make sure our children are protected and their lives aren’t devastated before it’s considered a crime.”
The bill would close loopholes in the state’s penal code that sometimes allows judges to dismiss cases by stating the prosecution didn’t show the suspect intended to have sex with a child, according to a written statement from Denham’s office. For example, police have set up sting operations by posing as young children on the Internet, and caught suspects ready to have sex with a minor only to have their cases fall apart because they couldn’t prove their intent, Denham’s aide, Nick Rappley, said. Some of the suspects are successfully prosecuted because there is overwhelming evidence proving they attempted to have sex with a minor, he said. However, others can wiggle their way out of trouble by saying they never intended to actually have sex with the minors, Rappley said.
“In some cases they’ve had guys with condoms in their pockets,” he said. “Some judges have said that until they actually have sex, they didn’t have an intent. This bill would say transcripts from discussions on the Internet, phone conversations, meeting at a public place to have sexual intercourse – that should be sufficient for intent.”
Denham introduced the same bill in 2003, but it was killed in the first stages of legislation because lawyers with the American Civil Liberties Union (ACLU) shot it down by arguing the intent to commit a crime is not enough to prosecute someone for a crime.
Local lawyer George Barton agrees and likens the bill to something George Orwell’s “thought police” in the novel “1984” would issue.
“What he’s proposing is not constitutional. If you have not committed a crime you can’t say you intended to,” he said. “Unless you can prove they had intent that’s ridiculous.”
Barton believes the law will again be shot down by ACLU lawyers.
Denham, however, is confident his bill will pass this time with the support of new members in the Legislature, but conceded it will be a challenge.
“It is still an important issue and deserves to be heard again,” he said. “I’ve gotten very positive feedback from parents throughout my district, and different police departments and district attorneys have responded back favorably.”
San Benito County Sheriff’s Lt. Pat Turturici said he’s all for any legislation that enables law enforcement to more rigorously investigate and catch sexual predators.
“They’re doing it because they’re sick. You can’t sit there and tell me there’s any good intentions going on, I just don’t buy it,” he said. “We need to get ahold of these people and put them in jail before it’s too late. What’s the purpose of chatting with a 14-year-old?”
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected]
