HB 17-1064 Summary

• Creates new crime of "misuse of electronic images by a juvenile" prohibiting 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 knowingly possessing such images.

• Establishes a Class 2 misdemeanor offense, reduced to Class 1 petty offense when a juvenile sends an image once to a person 14+ years old within 4 years of age, depicting only the sender, with reasonable belief the recipient requested it and expressed it should not be shared further.

• Provides affirmative defense to distribution charges if the juvenile acted under coercion, intimidation, or harassment; provides affirmative defense to possession charges if the recipient did not solicit the image, participated in its creation, distributed it, and destroyed it or reported it to law enforcement or school within 72 hours.

• Prohibits charging a juvenile with both this new offense and sexual exploitation of a child for the same image arising from the same criminal episode.

• Takes effect July 1, 2017, and applies to offenses committed on or after that date.