Misuse Of Electronic Images By A Juvenile
Concerning creating the crime of misuse of electronic images by a juvenile.
2016 Regular Session
Crimes, Corrections, & Enforcement
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 if the juvenile:
- Did not solicit or request to be supplied with the image or images;
- Did not participate in or encourage the making of the image or images;
- 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.)