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F I S C A L I M P A C T R E P O R T
SPONSOR Lopez
ORIGINAL DATE
LAST UPDATED
2/17/07
HB
SHORT TITLE Child Solicitation by Electronic Device
SB 1108
ANALYST Peery-Galon
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY07
FY08
FY09 3 Year
Total Cost
Recurring
or Non-Rec
Fund
Affected
Total
NA Unknown Unknown Unknown Recurring General
Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
Responses Received From
Public Defenders Department (PDD)
Public Education Department (PED)
Administrative Office of the Courts (AOC)
Administrative Office of the District Attorneys (AODA)
New Mexico Corrections Department (NMCD)
Children, Youth and Families Department (CYFD)
No Response Received From
New Mexico Sentencing Commission
SUMMARY
Synopsis of Bill
Senate Bill 1108 amends Section 29-11A-3 to add child solicitation by electronic device to the
list of offenses requiring a person to register as a sex offender upon conviction. Senate Bill 1108
amends Section 30-37-3.2 NMSA 1978 to make it illegal to use an electronic communication
device for child solicitation. An “electronic communication device" is defined as a computer,
video recorder, digital camera, fax machine, telephone, pager, audio equipment or any other
device that can produce an electronically generated image, message or signal. The proposed
legislation increases the penalty from a fourth degree to a third degree felony, and makes it a
second degree felony if the offender also attends or is present at a meeting that the offender
arranged pursuant to the solicitation. Also, Senate Bill 1108 amends Section 31-21-10.1 to add
child solicitation by electronic device to the list of sex offenses to which longer and more
stringent parole terms apply.
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Senate Bill 1108 – Page
2
FISCAL IMPLICATIONS
AOC states any fiscal impact on the judiciary would be proportional to the enforcement of this
law and commenced prosecution.
NMCD states that the enactment of the proposed legislation will result in a minimal increase to
the department’s prison population and probation/parole caseloads. The annual cost of
incarcerating an inmate is $23,867 per year for males and $21,651 per year for females. The cost
per client in probation and parole for a standard supervision program is $1,467 per year, for an
intensive supervision program is $3,383 per year, for a NMCD community corrections program
is $3,503 per year, for a privately-owned community corrections program is $7,917 per year, and
for male and female residential community corrections program is $39,401 per year.
The proposed legislation expands sex offenses, and a person placed on probation or parole after
being convicted of a sex offense will be subject to five to 20 years of probation or parole. The
convicted sex offender will be required to pay probation or parole supervision fees to the
Corrections Department. NMCD states this increase in revenue may somewhat offset the costs
associate with any increases in the prison population. Statute requires that supervision fees be
placed into the Intensive Supervision Fund, and money in the fund can only be used for
offenders placed in an intensive supervision program.
SIGNIFICANT ISSUES
Currently, statute states it is illegal to use a computer to solicit a child under sixteen to engage in
sexual intercourse, sexual contact or in a sexual or obscene performance, or to engage in other
sexual conduct when the perpetrator is at least three years older than the child.
CYFD states if the proposed legislation is enacted, it would expand the crime of child solicitation
to include the use of various electronic devises in addition to computers. CYFD notes expansion
of law appears reasonable in that it recognizes the proliferation of electronic devices that can be
used to communicate and to solicit children.
ADMINISTRATIVE IMPLICATIONS
PDD states the proposed legislation may increase litigation and may create a need for additional
staff.
AOC reports the proposed legislation could result in increased caseloads, requiring additional
resources.
NMCD will need to revise the written notification regarding the sex offender’s duty to register as
a sex offender with the county sheriff in the county where the sex offender will reside. This
written notification is given to sex offenders who are discharged from prison or placed on
probation or parole.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
AODA notes that there may be a conflict due to the proposed legislation adding child solicitation
by electronic device to the list of sex offenses which lead to longer parole terms, but not
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Senate Bill 1108 – Page
3
amending Section 31-20-5.2 NMSA to require longer probation terms for those convicted of
child solicitation by electronic device.
The proposed legislation has a relationship to House Bill 663 and Senate Bill 735, which deal
with child solicitation by electronic device with a violent felony enhanced punishment provision.
The proposed legislation is a duplication of House Bill 918.
TECHNICAL ISSUES
Section 30-37-3.2 Subsection (B) of the proposed legislation makes it a second degree felony for
a person to attend or to be present at a meeting with the child arranged through an electronic
communication device. AOC states it is unclear if the person must be physically present or if
being present through the means of an electronic communication device meets the criteria for
this offense.
The list of items for the definition of “electronic communication device" does not include cell
phones. PDD notes the technology use for cell phones and telephones is different.
AMENDMENTS
AODA states the proposed legislation in Section 30-37-3.2 has a problem in defining what the
crime of child solicitation by electronic device is, in that it seems to require the person being
solicited to be under the age of 16. However, subsection (C) states it is not a defense if the
person solicited was a police officer. AODA recommends that subsection (A) be amended to
read “Child solicitation by electronic communication device consists of a person knowingly and
intentionally soliciting a child under sixteen years of age, or someone the person believes is
under sixteen years of age, by means of an electronic communication device, to engage in sexual
intercourse, sexual contact, (or in) a sexual or obscene performance, or to engage in any other
sexual conduct with that person or another, then the perpetrator is at least three years older than
the child, or believers that they are at least three years older than the child solicited." AODA
states this language would probably eliminate the need for subsection (C).
RPG/mt