Chapter 295

2011 -- S 0733 SUBSTITUTE A

Enacted 07/12/11





     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.



LC02207/SUB A