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HB17-1064

Misuse Of Electronic Images By A Juvenile

Concerning creating the crime of misuse of electronic images by a juvenile.
Session:
2017 Regular Session
Subjects:
Children & Domestic Matters
Crimes, Corrections, & Enforcement
Bill Summary

The bill creates the crime of misuse of electronic images by a juvenile. The offense prohibits a juvenile from knowingly distributing, displaying, or publishing through digital or electronic means, or possessing, a sexually explicit image of himself or herself or of another juvenile who, as depicted in the image, is within 4 years of age of the charged juvenile. If a juvenile is charged with the crime of misuse of electronic images by a juvenile, he or she cannot be charged with sexual exploitation of a child. It is an affirmative defense to the distribution offense if the juvenile committed the act as a result of coercion, intimidation, or harassment. It is an affirmative defense to the possession offense if the juvenile:

  • Did not solicit or request to be supplied with the image or images; and
  • Did not participate in or encourage the making of the image or images; and
  • Did not transmit or distribute the image or images to another person; and
  • Took reasonable steps to either destroy or delete the images within 72 hours or reported the receipt of such image or images to law enforcement or a school official within 72 hours.
    (Note: This summary applies to this bill as introduced.)

Status

Introduced
Lost

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Bill Text

Sponsors

Sponsor Type Legislators
Prime Sponsor

Rep. Y. Willett
Sen. R. Fields

Sponsor

Co-sponsor

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