Legislation that would establish the offense of grooming a minor for sexual activity or other prohibited behavior, cleared its first hurdle, by winning passage in the House Judiciary Committee on Wednesday.
House Bill 4, given the low number to indicate it being considered a priority measure, is sponsored by Rep. Marianne Proctor, R-Union.
She told the panel, “There is an increasing amount of sexual abuse that has been happening to our minors. Reportedly, it’s one in ten children that will experience some sort of sexual abuse before they overcome adults, including here in the Commonwealth.”
Proctor testified it will criminalize the behavior of grooming, “When an adult engages in, entices or solicits a minor, in order to prepare them for sexual conduct. This is a gap in the law that we are hoping to close from the predatory behavior to the actual physic al or sexual abuse.”
Under the bill, if someone is 18 or older and engages in grooming behavior directed at a minor who is less than 14 years old; or being a person in a position of authority or position of special trust, as those terms are defined in existing state law, he or she engages in grooming behavior directed at a minor who is under eighteen, they would violate the proposed law.
The first provision would be a Class A Misdemeanor, punishable by up to a year in jail, unless the minor is under 12, when it would qualify as a Class D felony, with a potential sentence of 1- 5 years if convicted.
The second provision, involving someone in a position of authority or special trust, grooming of anyone under 18 would be a Class D Felony, unless the victim is under 12 which would be a Class C Felony, with a 5-10n year sentence.
The bill passed 14-0 with five committee members passing, all of whom said they want to tighten up some of the language currently in the bill.
HB 4 now heads to the House floor.
Rep. Marianne Proctor, R-Union, is sponsor of House Bill 4 which establishes the offense of grooming a minor for sexual activity. (LRC photo)
