SF 104: Sex Offenses
2007 General Session

Sponsor: Joint Judiciary Interim Committee

SF 104 created new offenses and penalties for sexual abuse of minors. It amended penalties for existing sexual offenses, including requiring a life sentence under some circumstances for a second conviction for a sexual offense against a minor. It amended the requirements for disclosure of the identity of minor victims.

New offenses include sexual abuse of a minor in the first, second, third and fourth degrees, and solicitation of a minor. These new offenses were defined by combinations of the accused person’s age, the victim’s age, the relationship between the accused and the victim, and prior felony convictions of the accused. Most penalties for convictions were expressed in ranges, depending on the details. However, conviction for first or second degree sexual abuse of a minor will automatically lead to life in prison without parole upon a second conviction. Conviction for third degree or fourth degree sexual abuse or solicitation of a minor will result in life in prison if it was a third (or higher) conviction.

The identity of minor victims under 18 years of age won’t be disclosed to the public unless necessary to aid or facilitate in an arrest.

Supporters of SF 104 favored the tougher penalties in the bill, arguing a zero tolerance approach toward sex offenses against minors.

Opponents were most concerned about the mandatory sentencing provisions, and argued that the bill inappropriately reduced judicial power and discretion. They argued that judges should retain the ability to evaluate cases, especially those involving younger perpetrators, on a case-by-case basis.

The Senate Judiciary Committee passed SF 104, 4-1, with Senator Bruce Burns (R-S21, Sheridan) casting the NO vote.

The Senate passed SF 104, 24-5 (1 excused), and the House passed the bill, 54-5 (1 excused).

The votes listed below are the Senate and House third reading (final passage) votes. A YES vote means the legislator wanted to create the new statutorily defined offenses and penalties for sexual abuse of minors in this bill. A NO vote means the legislator did not want to create the new offenses and penalties as defined in SF 104.

LINK TO ENROLLED SEA 0080