The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to the punishment for the offense of possession or promotion of child pornography and would change the parole eligibility for the offense. Under the provisions of the bill, certain offenses related to the possession or promotion of child pornography would not be eligible for parole if an affirmative finding is made that the victim was younger than six years of age at the time the image was made. The bill would also expand the list of behaviors for which a punishment can be enhanced for certain offenses related to the possession or promotion of child pornography if the victim was younger than 14 years of age at the time the image was made.

The punishment for certain offenses related to possession or promotion of child pornography would range from a third degree to a first degree felony with the punishment level increasing in severity based on the number of previous convictions and the age of the child depicted. A first degree felony is punishable by confinement in prison for life or for a term from 5 to 99 years; a second degree felony is punishable by confinement in prison for a term from 2 to 20 years; and a third degree felony is punishable by confinement in prison for a term from 2 to 10 years. In addition to confinement, most felony offenses are subject to an optional fine not to exceed $10,000.

Removing parole consideration eligibility for certain offenses and expanding the list of behaviors for which a criminal penalty can be enhanced are expected to result in increased demands on the correctional resources of the counties or of the State due to a potential increase in the length of supervision for individuals placed under supervision in the community or a potential increase in the length of sentence for individuals sentenced to a term of confinement within state correctional institutions. In fiscal year 2016, 365 individuals were arrested, 88 were placed under felony community supervision, and 135 were admitted into state correctional institutions for certain offenses related to the possession or promotion of child pornography under existing statute. After removing those individuals whose offense circumstances did not meet the conditions necessary for penalty enhancement or removal of parole consideration eligibility, this analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant increase in the demand for state correctional resources.