The bill would amend the affirmative defense to prosecution of the offense of sale, distribution, or display of harmful material to a minor by replacing scientific, educational, governmental, or other similar justifications with judicial, law enforcement, or legislative justifications and amend the affirmative defense to prosecution of the offense of sexual performance by a child by excluding educational, medical, psychological, and psychiatric justifications.
Limiting the scope of a defense to prosecution may result in an increase in demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
In fiscal year 2024, there were 300 arrests, 52 referrals, 15 placements onto adult community supervision, and 31 individuals admitted into an adult state correctional institution for the offenses of sale, distribution, or display of harmful material to a minor and sexual performance by a child.
It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.