Relating to certain criminal and civil actions involving sexual offenses and obscene material and minors, and providing penalties

A parent or legal guardian of a minor may institute a civil action for damages under this provision. The bill provides that the damages for a violation of this provision shall be $500 for each violation, and the prevailing party in the action shall recover court costs and reasonable attorney fees. The bill also provides an affirmative defense to any claim or action under the bill that a distributor required a person accessing its internet site or internet-based application to provide to the distributor personal identification information verifying the person was years of age or older when the person accessed the internet site or internet-based application; required the person receiving the obscene material to use an authorized access or identification code, as provided by the distributor, before dissemination of the obscene material; previously issued an authorized access or identification code to the person after taking reasonable measures to ascertain that the person was years of age or older; and established a procedure to immediately cancel the authorized access or identification code of any person after receiving notice that the code has been lost, stolen, or used by persons under the age of years or that the code is no longer desired. The bill provides that it shall not be an affirmative defense to any claim or action under the bill that a minor accessed the distributor’s internet site or internet-based application from an accredited school, public library, community college, college, or university. The bill provides definitions as follows: “disseminate” means to transfer possession, with or without consideration; “distributor” means a person who owns or operates an internet site or internet-based application; “minor” means a person under the age of 18; “obscene material” means any material depicting or describing the genitals, sex acts, masturbation, excretory functions, or sadomasochistic abuse which the average person, taking the material as a whole and applying contemporary community standards with respect to what is suitable material for minors, would find appeals to the prurient interest and is patently offensive, and the material, taken as a whole, lacks serious literary, scientific, political or artistic value; and “personal identification information” means an unexpired student identification card, a valid social security card, an unexpired driver’s license, an unexpired nonoperator’s identification card, an unexpired passport, a certified copy of a birth certificate, or other valid, unexpired proof of identity. SEXUAL ABUSE.2 by allowing an indictment or information for sexual abuse in the first, second, or third degree committed on or with a person under years of age to be found within years after the person upon whom the offense is committed attains years of age. Current law provides that an indictment or information for sexual abuse in the first, second, or third degree committed on or with a person under years of age shall be found within years after the person upon whom the offense is committed attains years of age.1 for the rest of the person’s life if the person ever completes the sentence for the underlying criminal offense.1 for the rest of the person’s life upon completion of the sentence for the underlying criminal offense.1 for the rest of the person’s life upon completion of the sentence for the underlying criminal offense. A person who commits any sexual abuse offense must register as a sex offender under Code section 692A. SEXUALLY MOTIVATED OR EXPLOITATION OFFENSES.15. Current law provides that an indictment or information for the offenses listed in the bill be found within three years after its commission.14, an information may be found one year after the commission of the offense. A person who commits dissemination and exhibition of obscene material to minors commits a serious misdemeanor and must register as a sex offender. A person who commits admitting minors to premises where obscene material is exhibited commits a serious or aggravated misdemeanor and must register as a sex offender. A person who commits public indecent exposure commits a serious or aggravated misdemeanor. A person who commits sexual exploitation of a minor commits an aggravated misdemeanor or a class “C” or class “D” felony depending on the facts and circumstances of the case and must register as a sex offender.2 for years upon completion of the sentence for the underlying criminal offense. A person who commits commercial film and photographic print processor reports of depictions of minors engaged in prohibited sexual acts commits a simple misdemeanor. A person who commits the criminal offense now known under the bill as using an electronic communication device to disseminate obscene material to minors commits an aggravated misdemeanor or class “D” felony and must register as a sex offender. DNA PROFILE. The bill also provides that if the person against whom the information or indictment is sought is identified through the use of a DNA profile for an offense described in the bill, an information or indictment shall be found within years after the victim attains years of age, or within three years from the date the person is identified by the person’s DNA profile, whichever is later. ELECTRONIC DISSEMINATION OF OBSCENE MATERIAL.15 by striking references to “telephone” and changing the name of the criminal offense from “telephone dissemination of obscene material to minors” to “use of an electronic communication device to disseminate obscene material to minors”. The bill defines “electronic communication device” to mean a telephone or a mobile telephone or other electronic device used to move information from one place to another.15 remains an aggravated misdemeanor or class “D” felony depending on the facts and circumstances of the violation.