On January 13, 2016, Reps. Yeulin Willett & Rhonda Fields and Sens. Linda Newell & John Cooke introduced HB 16-1058 – Concerning Creating the Crime of Misuse of Electronic Images by a Juvenile. The bill was introduced in the House and assigned to the Public Health Care & Human Services Committee. The committee heard testimony but the bill failed on a committee vote.
This bill creates the crime of misuse of sexually explicit images by a minor. The offense prohibits individuals under eighteen years of age from knowingly distributing through electronic means or possessing a sexually explicit image of himself, herself, or another juvenile who, as depicted in the image, is within four years of the age of the charged juvenile. The crime of misuse of a sexually explicit image of a minor is a class two misdemeanor, and if a juvenile is charged with the offense, he or she cannot be charged with the crime of sexual exploitation of a child.
It is an affirmative defense to the crime of misuse of sexually explicit images by a juvenile if the juvenile: (i) did not solicit or request the image; (ii) did not participate or encourage that making of the image; (iii) did not transmit or distribute the image to another; and (iv) took reasonable steps within 72 hours to destroy, delete or report the images.
Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.