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HB17-1064: Misuse Of Electronic Images By A Juvenile

Privacy & Technology | Student and Youth Rights
Bill Number: HB17-1064
Year: 2017
ACLU Position: Active Oppose
Sponsors: Y. Willet / R. Fields

Description:

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.


Current Status:

House Committee on Judiciary Postpone Indefinitely (04/20/2017)
House Committee on Judiciary Witness Testimony and/or Committee Discussion Only (04/11/2017)
Introduced In House - Assigned to Judiciary (01/11/2017)



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