Bill Makes Judges Consider Porn Exposure in Custody Cases

SALT LAKE CITY, Utah—Less than a month after it was introduced, a bill to ensure that judges in custody cases take into account a parent who has intentionally exposed a child to porn is on its way to the governor's desk for a signature. S.B. 277 was passed by the Utah House yesterday in a unanimous 67-0 vote. The same day, the bill was sent back to the Senate, which had passed it a week earlier, for the signature of the Senate President, which was dutifully accomplished. It would seem, therefore, that the Utah legislature considers passage of this bill to be something of an urgency, though why is anyone's guess. Reporting out of the state has failed to highlight an increase in incidents of parents plying their kids with porn, and what evidence was recounted by the bill's sponsor, Sen. Todd Weiler (R-Woods Cross), seems weak at best. According to the Salt Lake Tribune, Weiler said in earlier debate that cases are reported where a parent tells a child to watch this to grow up or be a man." The paper added, "In committee, one parent testified that her ex-husband was sending such material to her teenage son through social media, but the law did not clearly allow a judge to consider that in custody disputes." The senator was also quoted as saying, "Those incidents do happen." He also indicated that the intent of the new law is to make sure "that a judge can consider that." Interestingly, however, the bill is being promoted by both its sponsor and the media as providing an addiitonal option for judges to consider in district or juvenile court cases. According to the Deseret News, "If a parent intentionally exposes his or her child to pornography, it could be used against them in district or juvenile court custody cases, should S.B. 227 be signed into law.” But the language of S.B. 277 does not say that the judge may consider the new information, but that s/he shall consider it. The bill currently reads: General Description: This bill amends provisions related to factors a court shall consider in a child custody determination and in a termination of parental rights proceeding. Highlighted Provisions: This bill provides that a district court shall consider, when determining child custody in a separation or divorce, whether the parent has intentionally exposed the child to pornography or material harmful to a child; and provides that a juvenile court shall consider, when determining whether to terminate a parent's rights, whether the parent has intentionally exposed the child to pornography or material harmful to a minor. [Emphasis added] That reads to us like a not-so-subtle threat to all parents—but especially men—that their rights as parents could potentially be taken away completely if they show pornography—which does not appear to be clearly defined by the law—to one of their children, no matter the age of the child or the circumstances.  Of course, one could also be more optimistic and take from the bill's language that a judge has the discretion to make the determination that the child was not harmed, but helped, by intentional exposure to porn, though we doubt that any of the legislators have that outcome in mind.