Second Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 16-0246.01 Michael Dohr x4347   HOUSE BILL 16-1058
                    HOUSE SPONSORSHIP
 Willett and Fields, 
 
                   SENATE SPONSORSHIP
 Newell and Cooke, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Public Health Care & Human Services
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning creating the crime of misuse of electronic
            images by a juvenile.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            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 if the juvenile:
                 Did not solicit or request to be supplied with the image or
                 images;
                 Did not participate in or encourage the making of the image
                 or 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.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 18-6-403, add (7) as
       follows:
            18-6-403.  Sexual exploitation of a child. (7)  A juvenile
       charged with or adjudicated for a violation of section 18-7-109
       by the filing of a juvenile petition in delinquency pursuant to
       title 19, C.R.S., shall not be subject to prosecution for a
       violation of this section for the same electronic or digital
       photograph, video, or image arising out of the same criminal
       episode.
            SECTION 2.  In Colorado Revised Statutes, add 18-7-109 as
       follows:
            18-7-109.  Misuse of electronic images by a juvenile -
       definitions. (1)  A juvenile commits misuse of electronic images if
       he or she:
            (a)  Through digital or electronic means, knowingly
       distributes, displays, or publishes a sexually explicit image of
       himself or herself or of another juvenile who, as depicted in the
       image, is within four years of age of the charged juvenile; or
            (b)  Knowingly possesses a sexually explicit image of
       another juvenile who, as depicted in the image, is within four
       years of age of the charged juvenile.
            (2)  It is an affirmative defense if the juvenile:
            (a)  Did not solicit or request to be supplied with the image
       or images;
            (b)  Did not participate in or encourage the making of the
       image or images;
            (c)  Did not transmit or distribute the image or images to
       another person; and
            (d)  Took reasonable steps to either destroy or delete the
       images within seventy-two hours or reported the receipt of such
       image or images to law enforcement or a school official within
       seventy-two hours.
            (3)  Misuse of electronic images by a juvenile is a class 2
       misdemeanor.
            (4)  As used in this section:
            (a)  "Juvenile" means a person under eighteen years of age.
            (b)  "Sexually explicit image" means any electronic or
       digital photograph or video depiction of the external genitalia
       or perineum or anus or buttocks or pubes of any person or breast
       of a female person.
            SECTION 3.  Effective date - applicability. This act takes effect
       July 1, 2016, and applies to offenses committed on or after said date.
            SECTION 4.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.