The bill creates the crime of posting private images by a juvenile. The offense prohibits a juvenile from knowingly distributing, displaying, or publishing, through digital or electronic means, a sexually explicit image of himself or herself or of another juvenile to the view of more than one other person or to the view of another person: • Without the depicted juvenile's consent; or
• When the recipient did not solicit or request to be supplied with the image or images and suffered emotional distress; or • When the juvenile knew or should have known that the depicted juvenile had a reasonable expectation that the image would remain private. The bill creates the crime of possessing private images by a juvenile. The offense prohibits a juvenile from possessing a sexually explicit image of another juvenile without the depicted juvenile's consent or after the depicted juvenile rescinds his or her consent. The bill states it is not a violation of either offense if the person was coerced, intimidated, or harassed into committing the offense. A juvenile whose conduct satisfies either offense cannot be charged with sexual exploitation of a child. The bill creates an exception to the offense of sexual exploitation of a child if the person is under 18 years of age and the child is at least 14 years of age or less than 4 years younger than the person unless the person discloses publicly any sexually exploitative material that depicts the child or distributes, displays, or publishes, with the intent to obtain a pecuniary benefit from anyone, sexually exploitative material that depicts the child. The bill states it is not a violation of sexual exploitation of a child if a person under 18 was coerced, intimidated, or harassed into disclosing publicly a sexually exploitative image. The bill requires the school safety resource center to make available a sexting curriculum for school districts to use.

Year

2017

Current status

  • Governor Signed (06/06/2017)
  • Sent to the Governor (05/22/2017)
  • Senate Third Reading Passed - No Amendments (05/04/2017)
  • Introduced In Senate - Assigned to Judiciary (04/26/2017)
  • House Second Reading Special Order - Passed with Amendments - Committee (04/25/2017)
  • House Committee on Judiciary Witness Testimony and/or Committee Discussion Only (04/11/2017)
  • Introduced In House - Assigned to Judiciary (03/28/2017)

Sponsors

P. Lee/Y. Willett/R. Fields/R. Gardner

Bill number

HB17-1302