HB 17-1064

Abstract

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.(Note: This summary applies to this bill as introduced.)