New state criminal justice laws take effect

Jul. 7—Several new criminal justice laws passed this year by state lawmakers went into effect on June 29, with the laws changing the way crimes such as theft, failure to pay child support and possession of child pornography are handled and prosecuted.

The General Assembly passed a number of criminal justice laws during the 2021 session, including House Bill 254, which raises the penalty for possession of material depicting a sexual performance by a minor under 12 years of age from a Class D felony to a Class C felony.

Distribution of child pornography also becomes a Class C felony if the child is under 12 on the first offense. Any future offenses are Class B felonies.

A Class C felony carries a penalty of five to 10 years in prison.

"I very much appreciate they are doing something to attempt to curb child pornography," Daviess County Commonwealth's Attorney Bruce Kuegel said. "...These victims are less than 12 years of age. "I wouldn't have any trouble it went all the way to a B" felony.

House Bill 402 raises the dollar amount a person much be behind in child support payments before being charged with flagrant non-support, which is a Class D felony. Currently, a person can be charged with flagrant non-support if they are $1,000 behind in child support payments. House Bill 402 raises the amount to $2,500.

Child support payment issues are handled by county attorneys. Daviess County attorney Claud Porter said for his office, the bill will have little impact.

"My position is I don't (file a flagrant non-support charge) until it's $5,000," Porter said. Porter said he tries to handle issues of nonpayment in civil court, until a person gets $5,000 behind in their payments.

"It's not going to change the way we handle things," Porter said. Of people behind in their payments, Porter said, "you don't get any money if they are in jail."

House Bill 126 changes the threshold for when a person can be charged with felony theft. Under the new law, the felony threshold for theft will go from $500 to $1,000.

Raising the felony threshold for theft has been under consideration for several years. Advocates for the change previously said raising the threshold to $1,000 will keep some people from having a felony record, which can be debilitating when trying to find a job.

In an April interview, Ashley Spaulding, research direct for the Kentucky Center for Economic Policy, said other states have raised their theft threshold as high was $2,500 without seeing an increase in crime.

Kuegel said the felony threshold should have remained at $500.

"The deterrent (to theft) is picking up the felony," Kuegel said. "The people who are going to suffer the most from (the change) are retailers."

Creating more severe penalties for possession and distribution of child pornography shows lawmakers are serious about deterring those offenses, Kuegel said, but said reducing the felony threshold for theft "is the wrong message."

"I can't in good conscience tell people in Daviess County, 'it's good we moved it up to $1,000,' " Kuegel said.

James Mayse, 270-691-7303, jmayse@messenger-inquirer.com, Twitter: @JamesMayse

James Mayse, 270-691-7303, jmayse@messenger-inquirer.com, Twitter: @JamesMayse

James Mayse, 270-691-7303, jmayse@messenger-inquirer.com, Twitter: @JamesMayse