Summary:

 House Bill 322 (HB 322) provides that aggravated criminal sexual penetration and criminal sexual penetration of a child are punishable by death; creates a first degree felony for human sexual trafficking against a victim under 18 years of age that is punishable by death, and increases and establishes fines for certain offenses.  

Legislation Overview:

 House Bill 322 (HB 322) makes three changes to the criminal code.
First, HB 322 imposes the death sentence for those guilty of the crime of criminal sexual penetration of a child in the first degree.  The bill defines this first degree offense as all criminal sexual penetration offenses committed against a child under eighteen. This includes the crime of criminal sexual penetration on a child 13 to 18 years of age when the perpetrator is a school employee, which is currently a fourth degree felony.  However, the bill maintains the current offense level of a fourth degree felony for a person who commits criminal sexual penetration against a child 13 to 16 years of age, and the perpetrator is at least 18 and at least four years older than the child. 
Second, the bill imposes the death sentence for those guilty of the newly created crime of first degree human sexual trafficking against a victim under the age of 18.  This crime requires that the conduct of the human trafficking is commercial sexual activity. 
Third, the bill increases fines for certain offenses. The fine for aggravated criminal sexual penetration is increased from $17,500 to $100,000 and the bill creates a $100,000 fine for first degree criminal sexual penetration of a child. 
 

Current Law:

 Current law has different offense levels for criminal sexual penetration offenses against a child, ranging from a fourth degree felony to first degree felony.  Currently, there is no specific crime of human sexual trafficking; and the general crime of human trafficking is a second or first degree felony, defending on the age of the child.