Thursday, February 18, 2010

HB 0064 Mandatory Minimum Sentence for Sexual Abuse of a Minor

HB 0064 Mandatory Minimum Sentence for Sexual Abuse of a Minor

AN ACT relating to crimes and offenses; establishing a mandatory minimum sentence for first degree sexual assault of a minor when the actor is at least eighteen years of age and the victim is less than thirteen years of age; and providing for an effective date.

We oppose mandatory minimum sentences in general as they simply shift discretion from the judge to the prosecutor. Our justice system is based on the judge considering the facts of each case and handing down appropriate sentences in each case. Mandatory minimums often result in a disparity of sentencing outcomes that is based largely on race and the quality of defense. There is no indication that Wyoming judges are giving lenient sentences as the length of sentences has grown in the past 10 years and Wyoming has a high incarceration rate. We will provide testimony on this bill.

Updates:
2/18 - This bill has passed introduction, passed the Judiciary Committee and will now go to the Senate for introduction.
3/9 - This bill did pass amending the age of the actor to 21 and the mandatory minimum to 25 years. There was considerable testimony on this bill on both sides.