HB 16-1058 Summary

• Creates a new crime of "misuse of electronic images by a juvenile" that prohibits juveniles from knowingly distributing, displaying, or publishing sexually explicit images of themselves or other juveniles within 4 years of age through digital or electronic means, or possessing such images

• Classifies the offense as a Class 2 misdemeanor

• Establishes an affirmative defense if the juvenile did not solicit the image, did not participate in making it, did not distribute it, and either destroyed it within 72 hours or reported it to law enforcement or a school official within 72 hours

• Prevents double prosecution by prohibiting charges under the existing sexual exploitation of a child statute for the same electronic image when charged with the new misuse offense

• Takes effect July 1, 2016, and applies to offenses committed on or after that date