AB 329

This bill makes it a crime to intentionally possess a “child sex doll,” which is

defined under the bill to be an anatomically correct doll, mannequin, or robot, with

features that resemble a minor that is intended for use in sex acts, for sexual

gratification, or for manipulating children into participating in sex acts, instructing

children how to participate in sex acts, or normalizing sexual behavior with children.

The penalties for the crime vary depending on whether the violation is a repeat

offense, how many such dolls are possessed, and past convictions for other crimes

against children. For a first offense involving fewer than three dolls, it is a Class I

felony; for a second offense or for a first offense involving at least three dolls, it is a

Class H felony; and for a third or subsequent offense, it is a Class G felony. If the doll

is intended to resemble a specific minor, then the possession of it is a Class E felony

for a first offense and a Class D felony for a repeat offense. The bill provides that the

felony classification for any of the above offenses increases by one classification if the

person has a prior conviction for intentional physical abuse of a child, first-degree

sexual assault of a child, sexual exploitation of a child, use of a computer to facilitate

a child sex crime, or possession of child pornography.

The bill also prohibits intentionally selling, transferring, advertising,

displaying, or providing premises for the use of a child sex doll. For a first offense,

it is a Class I felony; for a second offense, it is a Class H felony; and for a third or

subsequent offense, it is a Class G felony. The bill prohibits intentionally selling,

transferring, advertising, or displaying instructions on how to create a child sex doll

or materials intended to create a child sex doll. For a first offense, it is a Class F

felony, and for a repeat offense, it is a Class E felony. Similarly, the bill prohibits

intentionally manufacturing a child sex doll. For a first offense, it is a Class F felony,

and for a repeat offense, it is a Class E felony, except that, if the doll being

manufactured is intended to resemble a specific minor, then it is a Class E felony for

a first offense and a Class D felony for a repeat offense. The bill provides that the

felony classification for any of the above offenses increases by one classification if the

person has a prior conviction for intentional physical abuse of a child, first-degree

sexual assault of a child, sexual exploitation of a child, use of a computer to facilitate

a child sex crime, or possession of child pornography.

The bill exempts from the created prohibitions law enforcement officers,

physicians, psychologists, attorneys, court officers, and others involved in law

enforcement or child therapy if the actions are taken in the lawful performance of

their duty.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.