Proposed Legislation Would Increase Penalties for Some Sex Offenses

August 10, 2012

If passed by Congress, the Child Protection Act of 2012 ("the Act") will increase the legal ramifications of convictions for sex-related offenses involving children under the age of 12. This legislation was introduced to combat the ever-increasing volume of pornographic images and videos of children posted and shared on the Internet; Internet exploitation of children is one of the fastest-growing crimes in the country, rising an estimated 150 percent annually.

What Is the Act?

House Bill 6063 was introduced by Representatives Lamar Smith and Debbie Wasserman Schultz. The Act is designed to send a message to those possessing, sharing, creating or receiving pornographic materials involving prepubescent children. If passed, the Act will increase the maximum federal prison sentence for sex offenses against children to 20 years (up from the current law's maximum of 10 years), and it will give federal judges more authority to protect adolescent witnesses in these cases from intimidation or harassed. It also grants judges the ability to issue protective orders and to levy penalties against anyone found in violation of them.

Constitutional Concerns?

The Act has garnered widespread support from a variety of law enforcement and safety groups including the National Center for Missing & Exploited Children, the Fraternal Order of Police and the National Alliance to End Sexual Violence. In spite of the well-known groups applauding it, though, the Act has drawn criticism for its heavy-handed approach.

Similar legislation proposed over the years has been decried by the American Civil Liberties Union (ACLU) for its overt intrusion on the Constitutional rights of the accused and those who are later acquitted (or not charged at all). Opponents argue that the proposed ability to issue administrative subpoenas and force registration requirements on those who haven't yet been convicted is tantamount to forcing the accused to prove their innocence instead of the government having to prove guilt.

Even though the Act has not been enacted, there are still plenty of federal and state laws governing child sex offenses, and, of course, there is also the public stigma that comes with being accused of one. Those convicted of sex offenses face lofty prison sentences, embarrassment at being labeled a sexual predator, registration requirements and the intolerance of the general public. With such severe consequences on the line, it is vitally important that anyone wrongly accused of a sexual crime mount an aggressive defense with the aid of a skilled criminal defense attorney.

Article provided by Jerrold M. Bodow, Attorney at Law, A.P.L.C.
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