HB 17-1302 Summary

• Creates three new offenses related to juveniles and sexually explicit images: posting private images (class 2 misdemeanor, class 1 if intent to harm or prior offense), possessing private images (petty offense, class 2 misdemeanor if 10+ images of 3+ persons), and exchange of private images (civil infraction).

• Allows juveniles who possess unsolicited images to avoid prosecution by destroying or deleting the image or reporting it to law enforcement within 72 hours of initial viewing.

• Permits courts to exempt first-time offenders from sex offender registration if conduct is limited to the new juvenile sexting offenses and exemption would not pose significant community risk.

• Requires district attorneys to develop diversion programs for first-time offenders and courts to assess suitability for restorative justice practices; authorizes court to order records expunged within 42 days after sentence completion.

• Requires schools to provide educational curriculum by June 1, 2018 explaining the new offenses and how juveniles can avoid adjudication; mandates post-enactment review two years after enactment to track case numbers, program participation, and effectiveness.