| H2189B3372A08179 MSP:JB 06/25/10 #90 A08179 |
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| AMENDMENTS TO HOUSE BILL NO. 2189 (As amended by A07943) |
| Sponsor: REPRESENTATIVE VITALI |
| Printer's No. 3372 |
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1 | Amend Bill, page 1, by inserting between lines 26 and 27 |
2 | (A07943) |
3 | (4) Visual depictions sent via electronic communications |
4 | that do not depict sexual intercourse, deviate sexual |
5 | intercourse, the penetration, however slight, of the genitals |
6 | or anus of a minor with any part of a person's body, |
7 | masturbation, sadism or masochism: |
8 | (i) if all of the following conditions are met: |
9 | (A) the defendant was a minor at the time the |
10 | depiction was sent; |
11 | (B) the visual depiction includes no person |
12 | other than the defendant or the recipient; |
13 | (C) the defendant had a reasonable belief at the |
14 | time the depiction was sent to another that it was |
15 | sent to a willing recipient; and |
16 | (D) the recipient was a minor at the time the |
17 | depiction was sent; or |
18 | (ii) if all of the following conditions are met: |
19 | (A) the defendant was an adult at the time the |
20 | depiction was sent; |
21 | (B) the visual depiction includes no person |
22 | other than the defendant or the recipient; |
23 | (C) the minor in the depiction was at least 16 |
24 | years of age at the time the depiction was sent; |
25 | (D) the minor in the depiction was a willing |
26 | participant; and |
27 | (E) the defendant was less than four years older |
28 | than the minor in the depiction at the time the |
29 | depiction was sent. |
30 | (5) Conduct prohibited under subsection (d) engaged in |
31 | by a minor relating to any electronic communication received |
32 | under the circumstances specified in paragraph (4). |
33 | Amend Bill, page 3, by inserting between lines 28 and 29 |
34 | (A07943) |
35 | (5) A defendant if: |
36 | (i) the defendant was a minor at the time the |
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1 | depiction was sent; |
2 | (ii) the visual depiction includes no person other |
3 | than the defendant or the recipient; |
4 | (iii) the defendant had a reasonable belief at the |
5 | time the depiction was sent to another that it was sent |
6 | to a willing recipient; and |
7 | (iv) the recipient was a minor at the time the |
8 | depiction was sent. |
9 | (6) A defendant if: |
10 | (i) the defendant was a minor at the time the |
11 | depiction was sent; |
12 | (ii) the visual depiction includes no person other |
13 | than the defendant or the recipient; |
14 | (iii) the minor in the depiction was at least 16 |
15 | years of age at the time the depiction was sent; |
16 | (iv) the minor in the depiction was a willing |
17 | participant; and |
18 | (v) the adult recipient was less than four years |
19 | older than the minor in the depiction at the time the |
20 | depiction was sent. |
21 | (7) Possession of any electronic communication received |
22 | under the circumstances specified in paragraph (5) or (6). |
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