h_jud_2017a_2017-04-11t13:31:00z0 Hearing Summary

Date: 04/11/2017

Location: HCR 0112

01:31 PM



Representative Lee called the meeting to order and handed the chair over to the vice-chair, Representative Salazar. Representative Salazar announced that public testimony for the two bills on the agenda, HB17-1064 and HB17-1302, would be heard simultaneously.





01:37 PM -- HB17-1064



Representative Willett, sponsor, explained the bill concerning the misuse of electronic images by a juvenile, known as sexting. The bill creates a 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 of 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.



Representative Willett answered questions from the committee. Discussion ensued regarding the need for a legislative approach to the juvenile sexting problem and an appropriate response.