Carr urges American Law Institute to reject amendments that make victims of sex crimes vulnerable and put children at risk


Attorney General Chris Carr joined a bipartisan coalition of 37 attorneys general to urge the American Law Institute (ALI) to reject proposed changes to section 213 of the Model Criminal Code (MPC) that would weaken states’ ability to prosecute sexual assault and abuse. , exploitation and trafficking crimes; jeopardize the safety of the victims of these crimes; and restrict the ability of law enforcement to protect the general public from repeat offending behavior.

“The changes being considered are concerning as we step up our own efforts to rescue victims and put buyers and traffickers behind bars,” Carr said. “Since its inception in 2019, our Human Trafficking Prosecution Unit has worked tirelessly to investigate and prosecute the criminals who commit these heinous acts, and our workload continues to add up over time. We must ensure that our laws protect victims and hold accountable those who exploit our most vulnerable citizens. “

In a letter sent to the ALI, the bipartisan coalition wrote: “As attorneys general, we urge the ALI to take into account the danger that the proposed changes would pose to the public, especially children, and to abandon its project. to modify this article of the model penal code. … The proposed revisions do not adequately deal with sexual predators and would give them more freedom to commit these heinous crimes, thus putting the citizens we represent at greater risk of becoming victims.

Among the changes considered by ALI:

Regarding sex trafficking:

  • Removes “advertising” and “obtaining” as underlying acts that can be used to establish trafficking.
  • Excludes the criminal liability of those who knowingly profit from their participation in sex trafficking.
  • Requires government to prove buyer knew, but recklessly ignored, victim was under 18.
  • Warrants to identify a trafficker to establish a crime of child sex trafficking have taken place.
  • Excludes criminal liability for sex trafficking for buyers of commercial sex with minors.

Regarding sex offender registers:

  • Removes the following crimes as offenses requiring registration:
    • Kidnapping and attempted kidnapping
    • Online seduction
    • Sex trafficking
    • Material crimes of child sexual abuse (possession / distribution /child pornography production)
    • Sexual assault on minors over 12 years old
    • Sexual assault that does not involve force or restraint
  • Would only allow government law enforcement agencies to access registry information – there would be no public access and no access by nonprofits for potential employees / applicants.
  • Removes key identifiers from registry requirements, including:
    • Date of Birth
    • Fingerprints and palm prints
    • DNA sample
    • Driver’s license / identity card information
    • Passport information (which would eviscerate Megan’s international law provisions)
    • Internet IDs
  • The offenses of sexual assault by physical force or of sexual assault on a incapable person are not registerable – offenders are only required to register if they have previously been convicted of a sex crime.
  • Child sexual assault recording is limited to crimes where the victim is under 12 and the offender is 21 or older.
  • Recording for incestuous sexual assault on a minor is limited to crimes in which the victim is under the age of 16.
  • Makes failure to register an offense.

In addition to Georgia, the letter was also signed by the attorneys general of the following states: Mississippi, Hawaii, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Guam, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan , Montana, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Virginia and West Virginia.

Read the letter below.

Letter ALI NAAG – Final case



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