Utah should have a special "porn tax" aimed at raising money from taxing sexually oriented products and businesses, says a Utah legislator who hopes to have a bill drafted and considered this general session.
The bill would seek a tax on sexually explicit phone lines, Internet sites, magazines, sex videos, nude and semi-nude bars and escort services,
Rep. Duane Bourdeaux, D-Salt Lake, is executive director of the nonprofit Center for Family Development, which as part of its business holds several state contracts with prison half-way houses to treat convicted sex offenders.
Bourdeaux readily admits to a possible conflict of interest but adds that "sexual abuse is destroying lives and families in our community, and it's time to address the root cause and provide a needed funding source" to deal with it.
Bourdeaux said Thursday he has only started his research. He can't say now how much money such a tax would bring in, what the tax rates should be or whether it would be a sales tax the purchaser would see or a business tax hidden in the firm's base cost.
Most, if not all, of the tax money generated should be dedicated to treating sex offenders and keeping them away from possible victims, he said. But when revenue is scarce, legislators may also want part of the tax take to pay for general state programs.
But one attorney who has already tangled with the Legislature and cities for clients who operate sexually oriented businesses says Bourdeaux faces a tough constitutional challenge with his proposal.
"To tax unfavorable viewpoints, that is not a good idea. I would hope the Legislature is not that dumb," said Andrew McCullough.
McCullough is a lobbyist for the "sex industry" and says he will be up on the Hill to fight the proposal.
Bourdeaux's firm now treats around 300 sex offenders, some who have served prison time and are now on parole and others who didn't serve time but were ordered into his programs by a judge as part of their probation. He has a few clients who are "walk-ins" and seek help without a court order.
Sex offender treatment is expensive, says Bourdeaux, who said he personally used to conduct treatment programs when he worked for the Utah Department of Corrections years ago. "We try to do it as economically as possible; a group session may cost as little as $25" per-person, he said.
But an hour with a licensed social worker or psychologist could cost $100. In many cases, the offender has to pay part of the cost.
Treatment can work, he said, but currently too many sex offenders are not getting the treatment they need. And that can put more lives at risk as the sex offender may offend again.
It's right and proper "these sex industries pay for this," he said. "Sexually explicit material is a financially lucrative industry. Even a small tax would generate a large amount of monies. And except for financial gain, it is an industry with no socially redeeming characteristics."
Bourdeaux contends that problems of a sex offenders begin with viewing magazines, videos and the hundreds of Internet porn sites. "They move on, as they need more and more material," he said, and some eventually seek victims, be they minors or adults.
But Bourdeaux faces numerous practical and constitutional hurdles in imposing such a tax. How do you tax a 1-900 phone-sex site located in another state or country? How do you tax an Internet porn site? Can one kind of industry, already protected freedom of speech rights, be legally taxed? And how do you define a "sexually-explicit magazine or video"?
Attorney General Mark Shurtleff declined to comment until he reads Bourdeax's proposal.
But Brian Barnard, a prominent civil rights attorney, said the proposal has a number of legal flaws.
"A bill like that is troublesome because of its First Amendment implications," he said. "When you start taxing materials that are protected by the First Amendment, you run into problems."
And while Barnard agrees that diverting revenue to fund therapy for sex offenders is "noble," he doesn't trust the Legislature to follow through.
"The money ends up being diverted to the general fund to pay for pork and special interests," said Barnard.
Bourdeaux said levying such a tax is also a way to get at some businesses that promote deviancy but pay no Utah taxes, such as 1-900 phone lines.
"With (Gov. Mike) Leavitt's ideas on placing the state sales tax on Internet sales, that may be one vehicle" to get at out-of-state operations used by Utahns, said Bourdeaux.
For some sex offenders sentenced to counseling as part of their probation, "it actually comes down to paying the rent, food, or paying for the treatment (programs) or go to jail or prison," said Bourdeaux, who adds he often provides discounted or free counseling to someone who really needs the help.
E-MAIL: bbjr@desnews.com; amyjoi@desnews.com