Purpose of the Bill

This bill is designed to enhance protections for child abuse victims, particularly concerning the handling of videotape recordings of interviews with child abuse victims. It also focuses on adapting terminology related to offenses involving sexually explicit materials involving minors.

Main Provisions

• Protection of Child Abuse Victims' Recordings: The bill outlines specific circumstances where videotape recordings of child abuse victims can be accessed or used. It mandates a court order for anyone seeking a copy of these recordings, even in cases where the subject of the video has consented to its release.
• Terminology Updates: The bill proposes changing terms in the law, shifting from terms like "pornographic work" to "child sexual abuse material" to more accurately reflect the nature and seriousness of the crime involving minors.
• Access and Use Restrictions: The bill specifies that recordings and transcripts of child abuse victim interviews disclosed to the defendant cannot be copied excessively, used outside the case, or shared with unrelated parties. They must be returned after the case concludes.
• Offense Definitions and Penalties: New definitions and penalties are established for crimes involving child sexual abuse material, including its creation, dissemination, and possession. Enhanced penalties are specified for repeat offenders or those who are registered predatory offenders.

Significant Changes to Existing Law

• Expanded Definitions: The definitions of “physical abuse” and “sexual abuse” are broadened beyond relationships traditionally recognized in law, acknowledging abuse by individuals not in a position of traditional authority or care over the child.
• Conformity Across Statutes: By changing terminology across various statutes to "child sexual abuse material," the bill ensures uniformity and clarity in legal texts. It also addresses penalties more explicitly linked to crimes involving minors.
• Conditional Release Terms: The bill mandates a conditional release period of five years for offenders, which can extend to fifteen years for those with prior convictions under related laws, ensuring ongoing oversight after incarceration.

Relevant Terms

• Child abuse victim
• Videotape recordings
• Court order
• Child sexual abuse material
• Pornographic work
• Sexual conduct
• Conditional release
• Predatory offender
• Dissemination
• Statutory penalties