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HB19-1030

Unlawful Electronic Sexual Communication

Concerning creating the crime of unlawful electronic sexual communication.
Session:
2019 Regular Session
Subject:
Crimes, Corrections, & Enforcement
Bill Summary

The bill creates the crime of unlawful electronic sexual communication. The bill prohibits a person from knowingly importuning, inviting, or enticing through communication via a computer network or system, telephone network, or data network or by a text message or instant message a person whom the actor knows or believes to be 15 years of age or older but less than 18 years of age and at least 4 years younger than the actor, and the actor committing the offense is one in a position of trust with respect to that person, to:

  • Expose or touch the person's own or another person's intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or
  • Observe the actor's intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message.

A violation of this provision is a class 6 felony.

The bill prohibits a person from knowingly communicating over a computer or computer network, telephone network, or data network or by a text message or instant message to a person the actor knows or believes to be 15 years of age or older but less than 18 years of age and at least 4 years younger than the actor and, in that communication or in any subsequent communication, describes explicit sexual conduct and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor committing the offense is one in a position of trust with respect to that person. A violation of this provision is a class 6 felony, but it is a class 5 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation or sexual contact.

The bill require a person who commits unlawful electronic sexual communication to undergo sex offender treatment and register as a sex offender, and the defendant is subject to the sex offense against children procedures.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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Bill Text