As Georgia lawmakers work to strengthen laws protecting victims of sex crimes, the state’s Attorney General Chris Carr has joined a bipartisan effort urging the American Law Institute (ALI) to reject proposed changes to the Model Penal Code (MPC) that he says would weaken the ability of states to prosecute sexual assault, abuse, exploitation, and trafficking crimes. He goes on to say that the changes would jeopardize the safety of victims of these crimes and restrict the ability of law enforcement to protect the general public from recidivist behavior.
Carr has signed on with 37 Attorneys General in a letter to ALI, stating that the changes being considered are cause for concern for Georgia as state lawmakers work to “rescue victims and put buyers and traffickers behind bars.”
“Since its formation in 2019, our Human Trafficking Prosecution Unit has worked tirelessly to investigate and prosecute the criminals who commit these despicable acts, and our case load continues to build over time,” said Carr. “We must ensure our laws protect victims and hold accountable those who exploit our most vulnerable citizens.”
In a letter sent to ALI, the coalition writes that “the revisions contemplated fail to treat sex predators appropriately and would provide them more freedom to commit these heinous crimes, putting the citizens we represent at greater risk of becoming victims.”
The changes being considered by the ALI would remove a number of crimes as offenses that require registration, including kidnapping and attempted kidnapping, online enticement, sex trafficking, child sexual abuse material crimes (possession/distribution/production of child pornography), sexual assault of minors older than 12 years of age, and sexual assaults that do not involve force or restraint.
The changes would also permit only government law enforcement agencies to access registry information – there would be no public access and no access by non-profit organizations for prospective employees/applicants. Also, the proposed changes would remove key identifiers from registry requirements, including date of birth, fingerprints and palm prints, DNA sample, Driver’s license/identification card information and passport information.
Also included in the changes:
● Offenses of sexual assault by physical force or sexual assault of an incapacitated person are not registrable – offenders are required to register only if the offender was previously convicted of a felony sexual offense.
● Registration for sexual assault of a minor is limited to crimes where the victim is less than 12 years old and the offender is 21 years old or older.
● Registration for incestuous sexual assault of a minor is limited to crimes where the victim is under the age of 16 years old.
● Renders failure to register a misdemeanor.
The changes also impact sex trafficking convictions, and include: excluding criminal liability for those who knowingly benefit from their participation in sex trafficking and requires Government prove buyer knew, but recklessly disregarded, fact that victim was under 18 years old.
