0B4F52FDE2D5A5DF872583D100784B6E Hearing Summary

Senators Rankin and Zenzinger, co-prime sponsors, explained HB19-1030, concerning creating the crime of unlawful electronic sexual communication.  They discussed a case in Moffat County where a teacher was sending, via Snapchat, illicit pictures to a student.  Senator Zenzinger emphasized that the case identified a loophole in the law regarding direct evidence of video or pictures (Snapchat automatically erases all video or pictures).  

Committee members asked questions about the frequency and scope of the problem. 

Laurie Rose Kepros, representing the Office of State Public Defender and the Colorado Criminal Defense Bar, spoke in opposition to the bill.  She claimed that the bill is unnecessary since other crimes in state law cover this and stressed that images are not needed to sustain a conviction.  She identified and discussed eight crimes in state law that adequately cover or address the conduct that is referenced in the bill.

Ms. Kepros answered questions from the committee about why the prosecutor in Moffat County was unable to secure a conviction.  Committee discussion followed about circumstantial evidence and the definition of person of trust. 

David Ulrich, representing Moffat County Schools, testified in support of the bill. He discussed the teacher and student incident in Craig and expressed concerns that a person of trust is seemingly able to send illicit pictures or videos to a minor without consequence.  

Chip McIntyre, representing the Moffat County School Board, testified in support of the bill.  He discussed the case in Moffat County and the need to close the loophole. 

Amanda Gall, representing the Colorado District Attorneys' Council, testified in support of the bill.  She explained that the bill takes two existing crimes in state statute, internet luring and sexual exploitation of a child, and extends them to children ages 15, 16, and 17 in situations involving a person of trust.  She disputed earlier testimony that claimed the incident could have been prosecuted under different crimes. 

Committee members asked questions about the definition of position of trust. 

Tim Lopez, representing himself, spoke in support of the bill.  He explained that the bill covers a loophole that is missing.

Senator Zenzinger distributed amendment L. 006 (Attachment P). 

Senator Lee distributed amendment L. 008 (Attachment Q).   Ms. Kepros and Ms. Gall shared their respective viewpoints and disagreed about various aspects of the amendment.  Senator Lee decided to withdraw the amendment before it was moved. 

Committee members expressed concerns that the bill is both too broad and too narrow in scope.  Other committee members expressed their support to close the loophole regarding images. 

Senators Zenzinger and Rankin made closing remarks and stressed the need to solve this problem before similar cases happen.