Missouri’s task force to fight human trafficking and child exploitation expired in 2023, but a legislative attempt aims to restart it.
Rep. Ed Lewis, R-Moberly, was the chair of the previous task force to combat against such crimes. He wants to require the group to meet at least quarterly, with the attorney general or a designee as the chair of the panel.
House Bill 1464 goes beyond sex trafficking. It would address a variety of topics to help children who are victims of sexual abuse.
“All the things that are in here were recommendations that came out of the statewide council,” said Lewis. “And on the council, we had the Attorney General’s Office, we had the prosecutor’s office, we had the Highway Patrol, we had DSS, and there are people that worked in trafficking. We had two senators, two representatives. So, all of these things have been well-considered.”
Under certain circumstances, Missouri law allows a statement or recording made by a sexual abuse victim under the age of 14 or a vulnerable person to be used as evidence in a criminal case. Lewis’ legislation would increase the age threshold to a child under the age of 18. He also wants to change the definition of a vulnerable person to include someone whose developmental level does not exceed that of “an ordinary child of 17 years of age.”
During a Missouri House committee hearing Monday, Rep. Elizabeth Fuchs, D-St. Louis, asked Lewis how Missouri would interact with people from other countries who are trafficking victims.
“I don’t think this bill touches on someone’s immigration status at all,” said Lewis. “I mean, if we were to come across an individual 17 and under, and they were being trafficked, I would assume that they would go through the same process, you know, to get the help they need. This bill doesn’t necessarily touch on people that are over 17.”
His legislation would add several offenses to the definition of childhood sexual abuse: first- and second-degree sexual trafficking, second-degree rape, sodomy, sexual abuse, sexual exploitation of a minor, and child used in a sexual performance.
Under Missouri law, someone who pays a person for sexual acts could be charged with a class D felony if the person being paid is 14 years of age or younger. Lewis wants to increase the penalty to a class B felony if the person solicited is 15 years of age or younger.
Another change Lewis is seeking involves the age of trafficking victims. Current law involving the people who commit the offense of first-degree sex trafficking of a child covers victims under the age of 12. Lewis wants to change the law to cover victims under the age of 14.
The prison term for a first-degree sex trafficking of a child offense would remain life imprisonment, but his bill changes the offender’s eligibility for probation or parole to 30 years served from the current 25.
The measure specifies that the term of imprisonment for the offense of second-degree sexual trafficking of a child when it is committed by a parent, legal guardian, or other person having custody or control of a child is “life imprisonment”, meaning for the duration of the person’s natural life.
Under the legislation, a prosecuting or circuit attorney can request help from the Missouri Attorney General’s Office to assist in the prosecution of child sex trafficking cases.
Current state law allows child sexual abuse victims to sue within 10 years of turning 21 years old or within three years of discovering the abuse has caused an injury or illness. Lewis’ proposal would let them file a lawsuit within 20 years of turning 21.
The bill includes a provision to change the term “child pornography” in state statute to “child sexual abuse material.” It would also ban dolls, robots, and mannequins that resemble someone under 18 for the purpose of sexual gratification, terrorizing, or causing emotional distress to someone.
“Child pornography implies consent, and there is no consent,” Lewis told the House committee. “It’s child sexual abuse material that’s taken care of in the bill to make sure that if you were guilty of child pornography that now you get, you know, a new offense of child sexual abuse material.”
During the hearing on his proposal, no one spoke in opposition.
The Missouri House Legislative Review Committee could soon vote on the plan.
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