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The Honolulu Advertiser
Posted on: Saturday, May 17, 2008

CHILD CRIME
Net predators face 10 years

By Derrick DePledge
Advertiser Government Writer

Hawaii news photo - The Honolulu Advertiser

State Attorney General Mark Bennett

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Adults who use the Internet to lure minors for sex will face 10-year prison sentences without probation, under a bill signed into law yesterday by Lt. Gov. James "Duke" Aiona.

The new law would apply to adults who intend to commit a felony sex offense, agree to meet with a minor or undercover police officer posing as a minor, and then travel to the meeting place.

The law also makes it a misdemeanor for people to masturbate or expose their genitals to minors via the Internet.

With examples here and on the Mainland of adults using the Internet to meet minors, law enforcement officials convinced state lawmakers to increase the penalty for "electronic enticement" by showing that many people convicted had been receiving one-year sentences or probation.

"The horrendous trend towards sexual exploitation of our children on the Internet is increasing at an alarming rate," Aiona said at a news conference at the state Capitol, adding that he believes the new law will be a deterrent.

Aiona is acting governor while Gov. Linda Lingle is on a trip to Israel.

State Attorney General Mark Bennett said he wanted to publicize the new law and send a message to child predators.

"We're out there. We're looking for you. We're going to find you. We're going to prosecute you. And when you're convicted, you're going to get a 10-year jail sentence, no ifs, ands or buts," Bennett said.

The new law (HB3040, Act 80) also expands the amount of information about sex offenders posted online on the state's sex offender registry. Information on some people convicted of lesser sex offenses had been publicly available only at police stations and at the Hawai'i Criminal Justice Data Center. Soon, information on all sex offenders covered by the law will appear on the state's Web site.

Along with their names, photographs, home addresses and workplace street names and ZIP codes, sex offenders will also have to provide physical descriptions, including identifying characteristics such as scars and tattoos, and list any professional licenses they hold. Detailed descriptions of their crimes will also be posted.

Starting in July 2009, sex offenders on the registry will have to report to the police each year and provide updated personal information and current photographs. Currently, sex offenders have to report to police every five years.

There was significant debate when lawmakers expanded the registry three years ago about whether it was an emotional response to sex crimes rather than a deterrent. Some who treat or work with sex offenders believe that posting detailed personal information on the Internet further marginalizes and demonizes sex offenders.

But there were only a few similar reservations this year about expanding the registry. The state public defender's office complained in testimony to lawmakers that providing more information online could "drive more offenders underground, burden already overtaxed law enforcement resources and, ultimately, provide no greater protection for the community."

The American Civil Liberties Union of Hawai'i had similar doubts about expanding the registry and was also critical of the longer prison sentences for electronic enticement, arguing that it would take discretion away from judges.

State Rep. Blake Oshiro, D-33rd ('Aiea, Halawa Valley, 'Aiea Heights), the vice chair of the House Judiciary Committee, said lawmakers were persuaded when they heard that many people convicted of electronic enticement were essentially getting a "slap on the wrist."

"By no means is this meant to be the panacea," Oshiro said. "I think what we really want to do is show that, you know, when we see all of these horrendous stories on the news, that these guys aren't going to be walking away with just one year or probation, they're going to be walking away with a really stiff penalty that fits the crime."

Aiona also signed a second bill into law (HB2346, Act 81) yesterday that creates a third-degree felony for people who allow minors to ingest illegal drugs. The law is in response to children exposed to crystal methamphetamine at makeshift laboratories.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.