HB 2317

This bill makes it an offense for a person to knowingly communicate, solicit, or interact with a minor or mentally compromised individual with the intent to commit, facilitate, or encourage sexual contact, simulated sexual contact, or sexual exploitation of the minor or mentally compromised by any me ans, including electronic communication. Such an offense is called grooming. It is not a defense that the subject of the offense is a law enforcement officer posing as a minor. As used in this bill:  "Grooming"" means an act, pattern of acts, or communication by an adult with a minor or mentally compromised individual, by any medium including electronic communication, messaging, social media, text, telephone, or in person, that is intended to establish trust, secrecy, emotional connection, or control with a minor or mentally compromised individual with the intent to (i) entice, lure, or solicit the minor or mentally compromised individual to engage in sexual contact, simulated sexual contact, or exploitation; (ii) prepare, condition, or acclimate the minor or mentally compromised individual for sexual contact or exploitation; or (iii) facilitate the commission of a sexual offense against the minor.  ""Mentally compromised individual"" means a person of any chronological age whose mental capacity is limited or compromised to that of a child due to a medically diagnosed condition, including, but not limited to, autism spectrum disorder, Down syndrome, schizophrenia, major depression, debilitating anxiety, intellectual disability, or traumatic brain injury .  ""Simulated sexual contact"" means any computer-generated or otherwise altered depiction that appears to portray a minor or mentally compromised individual engaged in sexual contact. PUNISHMENT This bill provides the following offense classifications for grooming:  G enerally a Class E felony, punishable by imprisonment of one to six years and a fine of up to $3, 000.  If the victim is under 13, a Class A felony, punishable by imprisonment of 15 to 60 years and a fine of up to $50, 000.  If the victim is a mentally compromised individual, a Class B felony, punishable by imprisonment of eight to 30 years and a fine of up to $25, 000.  If the offender has a prior conviction for a sexual offense or violent sexual offense, a Class C felony, punishable by imprisonment of three to 15 years and a fine of up to $10, 000.  If the offender holds a position of trust, authority, or supervision over the victim at the time of the offense, a Class D felony, punishable by imprisonment of two to 12 years and a fine of up to $5, 000. In addition to the above-listed punishments, this bill requires a person who commits the offense that involves an attempt to meet, procure, or engage in sexual contact or simulated sexual contact with a minor or mentally compromised individual following grooming on or after July 1, 2026, to receive a sentence of community supervision for life. This bill provides that a person is subject to prosecution in this state for the offense of grooming for any conduct that originates in this state. Further, a person is subject to prosecution in this state for the offense of grooming for any conduct tha t originates by a person out of this state, where the person solicited the conduct of a minor located in this state, or solicited a law enforcement officer posing as a minor located within this state. This bill clarifies that its provisions are in addition to other provisions of law, including existing offenses involving sexual exploitation of a minor, child abuse and child neglect or endangerment, or other child protection offenses."