THE SENATE	S.B. NO.	2734
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SEXUAL IMAGES PRODUCED BY MINORS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1.  Chapter 712, Hawaii Revised Statutes, is amended by adding to part II two new sections to be appropriately designated and to read as follows:

     "§712-A Promoting minor-produced sexual images in the first degree. (1)  A person, eighteen years of age or older, commits the offense of promoting minor-produced sexual images in the first degree if the person intentionally or knowingly commands, requests, or encourages a minor to use a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit to any person a nude photograph or video of a minor.

(2)  For purposes of this section, a "minor" means any person under eighteen years of age.

(3)  Promoting minor-produced sexual images in the first degree is a class C felony.

§712-B Promoting minor-produced sexual images in the second degree. (1)  A minor commits the offense of promoting minor-produced sexual images in the second degree if the minor:

(a) Knowingly uses a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another person a nude photograph or video of a minor; or

(b) Intentionally or knowingly commands, requests, or encourages another minor to use a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit to any person a nude photograph or video of a minor.

(2)  A person, of any age, commits the offense of promoting minor-produced sexual images in the second degree if the person knowingly possesses a nude photograph or video of a minor transmitted or distributed in violation of subsection (1).

(3)  For purposes of this section, a "minor" means any person under eighteen years of age.

(4)  It is an affirmative defense to a charge under subsection (2) that the person took reasonable steps to destroy or eliminate the nude photograph or video of a minor.

(5)  Promoting minor-produced sexual images in the second degree is a misdemeanor."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act.

     SECTION 3.  In codifying the new sections added to part II of chapter 712, Hawaii Revised Statutes, by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in the designations of those new sections.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Sexual Images Produced by Minors

Description:

Prohibits adults from soliciting minors to electronically transmit nude images of minors; prohibits minors from electronically transmitting nude images of themselves or other minors, or soliciting other minors to do so; prohibits persons from possessing a nude image transmitted by a minor; and makes it an affirmative defense that the recipient made reasonable efforts to destroy the transmitted nude image.

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