Closes Obscene Images Loophole
Expands Baby Brianna’s Law
By New Mexico Senate Republican Office
Santa Fe—Senator Greg Baca’s crime bill makes four main changes to current law. SB 96 stiffens penalties for enticing a child into a secluded place in order to hurt them; stiffens penalties for abusing children; makes it illegal to show a child obscene photos of anyone’s private parts; and expands Baby Brianna’s law by sentencing a person to life in prison, rather than a maximum of 18 years, for intentionally abusing a child
of any age, if that child dies as a result of the abuse.
Senator Baca said currently a person is sentenced to a maximum 18 years in prison in the death of a child 12 to 18 as a result of intentional child abuse. He said a life sentence is more justified and the age should be expanded to all children under 18. “If children are intentionally hurt and die, does it matter if they are 12 to 18? All children should be covered and protected under this law,” Senator Baca said. My bill examines various current laws and extends the age of the child and stiffens penalties in order to stop horrendous crimes against our innocent children, ” Senator Baca said.
• Showing a child obscene images of any person’s private parts would be illegal under Senator Baca’s bill. Currently, it is unlawful for a person communicating with a child to show his or her intimate body parts. Senator Baca’s bill would include anyone’s intimate body parts. “There is a loophole in the law now. It is only a crime to send an image of one’s own intimate body parts to a child. This law would make it a crime to send a photo of anyone’s private parts to eliminate the need to prove whose intimate parts are depicted,” Senator Baca said.
• Enticement of a child- It extends the age limits for enticement of a child to under 18 years of age rather than 16 as it currently is; and it increases the penalty for child enticement. If the child is young, under 13, the penalty increases to 3rd degree felony, it is a 4th degree felony if the child is between 13 and 18. It is against the law to entice or attempt to persuade a child to enter any vehicle, room or secluded place with the intent to commit an illegal act with them.
• Expands Baby Brianna’s law. Under Senator Baca’s proposed bill a person who commits intentional child abuse that results in the death of the child, regardless of age, will be sentenced to life in prison. Currently, a person who commits intentional child abuse that results in the death of a child 12 up to 18 will be sentenced to a maximum of 18 years.(Baby Brianna’s Law was named for a 5-month-old baby in Las Cruces who died at the hands of her father and uncle in 2003.)
• Child abuse and neglect- The bill also reorganizes into subsections each type of child abuse or neglect and toughens the current law.