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SPONSOR: |
HJC |
DATE TYPED: |
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HB |
CS/170/aHFl#1 |
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SHORT TITLE: |
Enticement of a Child |
SB |
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ANALYST: |
Fox-Young |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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|
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$0.1 Significant |
Recurring |
General
Fund |
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|
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(Parenthesis
( ) Indicate Expenditure Decreases
Responses
Received From:
Association of
District Attorneys (AODA)
Children, Youth and Families Department (CYFD)
Administrative Office of the Courts (AOC)
SUMMARY
Synopsis of House Floor Amendment
The House Floor Amendment to the House Judiciary
Committee Substitute for House Bill 170 strikes the provision that an
individual must have the “intent to commit an act that would constitute a crime under
Chapter 30, Article 2, 3, 3A, 4, 5, 6 or 6A NMSA 1978.”
Significant
Issues
The AG indicates that without the element of
intent, the bill may pose problems of overbreadth and
recommends including a form of malevolent intent as an element of the crime.
Synopsis of HJC Substitute
The
HJC substitute for House Bill 170 amends Section
The bill extends the definition of child
enticement to include “a person enticing, persuading or attempting to persuade
a child to enter a vehicle, building, room or secluded place with the intent to
confine, restrain or transport the child without the consent of the child’s
parent or guardian and with the knowledge that the person has no lawful
authority to do so
and with intent to commit an act that would constitute a crime under Chapter
30, Article 2, 3, 3A, 4, 5, 6 or 6A NMSA 1978.”
These articles are Homicide, Assault and Battery, Harassment and
Stalking, Kidnapping, Abortion, Crimes Against Children and Dependents, and
Sexual Exploitation of Children.
The bill increases the penalty for child enticement from a misdemeanor to a fourth-degree felony.
Significant Issues
The Attorney General
(AG) notes the term “lawful authority” may present some ambiguity. An adult who transports a child away from a
dangerous situation or who transports a child with good intentions and no
malevolent purpose might be viewed as a fourth-degree felon under the proposed
provision, if he or she lacks “lawful authority.”
Additionally, the AG
notes that crimes of false imprisonment and kidnapping may apply to a number of
acts that fall under the new definitional category.
FISCAL IMPLICATIONS
Increased penalties will drive up costs in judicial and correctional agencies. Courts, district attorneys and public defenders will likely see workload increases with the passage of this bill, and the AG reports a potential increase in the appellate caseload as well.
Increasing
the penalty for child enticement from a misdemeanor to a felony will likely
increase the number of offenders sentenced to incarceration or probationary
supervision, at the same time decreasing the number sentenced to county jails
or lesser supervision.
The Corrections Department (CD) estimates an annual increase of five to twenty offenders sentenced to CD prisons or probationary supervision as a result of this bill. Ultimately, CD will be unable to absorb the additional costs.
It
is not clear why Article 5, Abortion, is included in the list of crimes. Article 5A, Partial-Birth Abortion Ban, is
not included.