Let’s keep praying!!! FGGAM NEWS just received this from the Republican House Caucus:
Bipartisan Legislation to Close Dangerous Child Pornography Loophole Passes House Committee
Santa Fe, NM – A bipartisan bill to close New Mexico’s child pornography loophole passed its first committee today on an 8-2 vote. The bill is sponsored by Representatives Sarah Maestas Barnes (R – Bernalillo), Randal Crowder (R – Curry) and Javier Martinez (D – Bernalillo).
Under current law, an individual possessing multiple images of child pornography could only be charged with a maximum of one count of possession. A person possessing 100,000 images of child pornography is treated the same as a person possessing one image. HB 65 would strengthen the current statute to allow prosecutors the option of prosecuting individuals for each image or depiction of child pornography in their possession.
“Protecting our children should be a top priority for all legislators,” said Maestas Barnes. “We cannot afford to have another child victimized so we must pass this critical bill this legislative session.”
The bill gives prosecutors the flexibility to use their discretion in charging violators based on the nature of the images, sexual abuse depicted, and volume of the collection. The bill also includes a provision requiring mandatory incarceration for individuals found guilty of possessing child pornography depicting children under the age of 13.
During the hearing, experts from the Attorney General’s Crimes Against Children Division and law enforcement testified that New Mexico has become a haven for child pornographers because of weak laws. They also testified that the images they’ve seized include rape and torture of children as young as two years old.
“I highly support this bill. I firmly believe each image should be separately prosecuted as each image revictimizes a child every time the image is distributed. I’ll be up here supporting the legislation throughout the session,” said Andrea Reed, Ninth Judicial District Attorney.
The legislators introduced a similar bill during the 2015 Legislative Session. The bipartisan effort was supported by Attorney General Hector Balderas and Governor Susana Martinez. It unanimously passed the New Mexico House of Representatives but died in the New Mexico Senate Public Affairs Committee.
