House Passes Legislation Toughening Penalties For Possessing Child Pornography

Santa Fe, NM Today, the House passed legislation that will toughen penalties for possessing
child pornography. The bipartisan legislation (HB 440) is sponsored by Reps. Sarah Maestas
Barnes, Randy Crowder and Democrat Javier Martinez. The vote was a unanimous 64-0 vote.
Currently, offenders are charged with just one count of possession of child pornography even if
they posses dozens of images.
This legislation will hold predators accountable for their despicable acts that harm our
children, Maestas Barnes said. The Senate needs to act on this legislation while there is still
time New Mexicos children depend on it.
The courts have said that current law fails to define what constitutes one count of child
pornography. This legislation would make it clear that every image in possession is an additional
count. For example, if authorities find 12 images of child porn, the offender can be charged with
12 counts of possession of child pornography.
The way the law is currently interpreted, the punishment for possessing, distributing or
manufacturing child pornography is relatively minor. By clarifying the law, there will be greater
accountability and justice to the offenders.
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