Chapter 295
2011 -- S 0733 SUBSTITUTE A
Enacted 07/12/11
A N A C T
RELATING TO
CRIMINAL OFFENSES - COMPUTER CRIME
Introduced By: Senators Lanzi, Tassoni, Paiva Weed, Ciccone, and DiPalma
Date Introduced: March 23, 2011
It is enacted by the General
Assembly as follows:
SECTION 1. Chapter 11-9 of the General Laws entitled
"Children" is hereby amended by
adding thereto the following section:
11-9-1.4.
Minor electronically disseminating indecent material to another person.
–
"Sexting"
Prohibited. - (a) Definitions
as used in this section:
(1) "Minor"
means any person not having reached eighteen (18) years of age;
(2)
"Computer" has the meaning given to that term in section 11-52-1;
(3)
"Telecommunication device" means an analog or digital electronic
device which
processes data, telephony, video, or sound transmission as part
of any system involved in the
sending and/or receiving at a distance of voice, sound, data,
and/or video transmissions;
(4) "Indecent
visual depiction" means any digital image or digital video of the minor
engaging in sexually explicit conduct, and includes data
stored or any computer,
telecommunication device, or other electronic storage media which is
capable of conversion into
a visual image;
(5) "Sexually
explicit conduct" means actual masturbation or graphic focus on or
lascivious exhibition of the nude genitals or pubic area of the
minor.
(b) No minor shall
knowingly and voluntarily and without threat or coercion use a
computer or telecommunication device to transmit an indecent
visual depiction of himself or
herself to another person.
(c) A violation of
this section shall be a status offense and referred to the family court.
(d) Any minor
adjudicated under subsection (b) shall not be charged under section 11-9-
1.3 and, further, shall not
be subject to sex offender registration requirements set forth in section
11-37.1-1 et seq., entitled
"Sexual Offender Registration and Community Notification Act."
SECTION 2. This act shall take effect upon passage.
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LC02207/SUB A
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