Statement in Response to Hunkins Press Conference
October 17, 2006
I would like to address each proposal raised by my opponent this morning.
PROPOSAL ONE
I have advocated for many years - since my days as U.S. Attorney - for increased punishment for those who prey upon our children. If my opponent is serious about these questions, there have been two legislative committee hearings on these topics since he announced his candidacy. He could have offered testimony, but he did not. Copies of my written testimony in both of those forums is attached, and will be posted on my campaign website shortly.
Substantively, I believe my opponent's position affords inadequate protection for the children of this state, and it is less than I have advocated for. I support a one strike and you're out approach, meaning a minimum mandatory life sentence for a first offense sexual assault on a child. In addition, I support the inclusion of every sex offender on a publicly available website.
In addition to my work to protect children from those that sexually abuse children, I have helped to make Wyoming a worldwide leader in fighting Internet Crimes Against Children (ICAC). The Wyoming ICAC unit (a component of the Wyoming Attorney General's Office and the Division of Criminal Investigation (DCI)) has been strengthened substantially and now trains law enforcement personnel throughout the United States and from around the world in the detection, tracking, arrest and prosecution of the online sex offenders that target our children.
Recently, I supported the addition of two DCI agents dedicated solely to child exploitation cases. The state now has five agents, which are assisted by two federal agents. As a result, the Wyoming ICAC Task Force has been instrumental in identifying over 7 million transactions involving the illegal distribution of child sexual abuse images in 200 countries.
Connected with my work on Jessica's Law and ICAC cases, I have pushed for, and the Legislature has enacted, laws strengthening our child exploitation and solicitation laws and ensuring that those convicted of child exploitation (internet or otherwise) are labeled as sex offenders. Those laws have resulted in several amendments to Wyoming law in 2003:
- The inclusion of child exploitation in violation of W.S. 6-4-303 as a registerable sex offense.
- Changes to the definition of child exploitation under Wyoming law to deal with "morphed" images consistent with U.S. Supreme Court decisions.
- Amended Wyoming statute 14-3-104 to close a loophole potentially thwarting undercover investigations of internet child predators by removing the defense of "the person who I was talking to on-line was really an undercover cop and not a child."
I commend the Legislature for their work on these important issues. The Joint Judiciary Committee continues to work in this area and I'm hopeful we can obtain even greater protections for our children in the future.
PROPOSAL TWO
Current law, W.S. 6-2-502(a)(iv), provides that whomever intentionally, knowingly, or recklessly causes bodily injury to a woman whom he knows is pregnant is guilty of aggravated assault, which is punishable by up to 10 years in prison. It may be entirely appropriate to increase the penalty and make it a minimum mandatory sentence of 25 years.
PROPOSAL THREE
My opponent is taking liberties with my position on same-sex marriage. The actual question I was asked was whether I supported same-sex marriage. I answered that Wyoming recognizes marriage as a union between a man and a woman and that I would leave the statutes that way. I was not asked about the Defense of Marriage Act.
Regarding the issue of Wyoming recognizing other states' same-sex marriages, I do not believe our law does that. But if the Legislature believes such a loophole exists, I would join in supporting its closure. It never hurts to wear both a belt and suspenders.
TESTIMONY BEFORE THE JOINT JUDICIARY INTERIM COMMITTEE BY GOV. DAVE FREUDENTHAL May 23, 2006 (pdf)
Written Comments of Governor Dave Freudenthal to the Joint Judiciary Interim Committee BY GOV. DAVE FREUDENTHAL Thursday, August 24, 2006 (pdf)



