Hammer

Certified for Partial Publication. [1]

HUFFMAN, Acting P.J.

In determining whether persons who commit lewd acts upon children may be considered for probation, the legislature has enacted specific measures providing that family members who molest children may, in narrowly defined circumstances, be granted probation in an attempt at rehabilitation. Does this specialized consideration for family relationships extend also to those cases where rehabilitation has failed; that is, does this special exemption for sentencing purposes extend to those who reoffend by committing new sexual offenses against children, and thus would be otherwise subject to enhanced punishment by reason of their prior sexual offenses against children?

That is the principal, but not the only, question of first impression before us. For reasons which shall appear, we hold the legislative determination special consideration may be given family members who commit sexual offenses against children does not extend to those cases, such as this, where rehabilitation has failed, and a family member continues to sexually reoffend against his children.

Jeffrey G. Hammer was convicted by a jury of one count of forcible…