This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0236 - Sexual Misconduct Involving a Child

L.R. NO.  0810-01
BILL NO.  SB 236
SUBJECT:  Crimes & Punishment
TYPE:     Original
DATE:     January 27, 1997




                              FISCAL SUMMARY

                   ESTIMATED NET EFFECT ON STATE FUNDS


FUND AFFECTED              FY 1998             FY 1999           FY 2000
None                            $0                  $0                $0

Total Estimated
Net Effect on All
State Funds                     $0                  $0                $0


                   ESTIMATED NET EFFECT ON FEDERAL FUNDS


FUND AFFECTED              FY 1998             FY 1999           FY 2000
None                            $0                  $0                $0

Total Estimated
Net Effect on All
Federal Funds                   $0                  $0                $0


                    ESTIMATED NET EFFECT ON LOCAL FUNDS


FUND AFFECTED              FY 1998             FY 1999           FY 2000
Local Government                $0                  $0                $0


                              FISCAL ANALYSIS

ASSUMPTION

Officials of the Office of Prosecution Services, Office of the Attorney
General, Department of Elementary and Secondary Education and the Department
of Social Services assume this proposal would not fiscally impact their
agency.

Officials of the Office of the State Courts Administrator, Department of
Corrections and the Office of the State Public Defender assume this proposal
would have a minimal fiscal impact on their agency.


FISCAL IMPACT - State Government FY 1998   FY 1999   FY 2000
                                (10 Mo.)

                                       0         0         0

FISCAL IMPACT - Local Government FY 1998   FY 1999   FY 2000
                                (10 Mo.)

                                       0         0         0

FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of
this proposal.


DESCRIPTION

The proposed legislation would create the crime of sexual misconduct
involving a child. A person commits this crime if:  1) the person knowingly
exposes the person's genitals to a child less than fourteen years of age in a
way that would cause a reasonable adult to believe the conduct would likely
cause alarm to a child less than fourteen.  2) a person engaged in a sexual
act in the presence of a child less than fourteen years of age, knowing
that the child will see the sexual act.  3) a person knowingly exposes their
genitals to a child less than 14 years of age for the purpose of arousing or
gratifying the sexual desire of another person.  4) coerces such child to
expose the child's genitals for the purpose of sexually arousing any person,
including the child.

The crime of sexual misconduct involving a child would be a Class D felony.
Subsequent violations would be a Class C felony.

This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.


SOURCES OF INFORMATION

Office of Prosecution Services
Department of Elementary & Secondary Education
State Courts Administrator
Department of Social Services
Office of the Attorney General
Department of Corrections
State Public Defender