H2189B3372A08179     MSP:JB  06/25/10     #90        A08179 

  

  

  

  

AMENDMENTS TO HOUSE BILL NO. 2189 (As amended by A07943)

Sponsor: REPRESENTATIVE VITALI

Printer's No. 3372

  

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Amend Bill, page 1, by inserting between lines 26 and 27

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(A07943)

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(4)  Visual depictions sent via electronic communications

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that do not depict sexual intercourse, deviate sexual

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intercourse, the penetration, however slight, of the genitals

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or anus of a minor with any part of a person's body,

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masturbation, sadism or masochism:

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(i)  if all of the following conditions are met:

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(A)  the defendant was a minor at the time the

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depiction was sent;

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(B)  the visual depiction includes no person

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other than the defendant or the recipient;

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(C)  the defendant had a reasonable belief at the

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time the depiction was sent to another that it was

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sent to a willing recipient; and

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(D)  the recipient was a minor at the time the

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depiction was sent; or

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(ii)  if all of the following conditions are met:

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(A)  the defendant was an adult at the time the

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depiction was sent;

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(B)  the visual depiction includes no person

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other than the defendant or the recipient;

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(C)  the minor in the depiction was at least 16

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years of age at the time the depiction was sent;

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(D)  the minor in the depiction was a willing

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participant; and

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(E)  the defendant was less than four years older

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than the minor in the depiction at the time the

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depiction was sent.

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(5)  Conduct prohibited under subsection (d) engaged in

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by a minor relating to any electronic communication received

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under the circumstances specified in paragraph (4).

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 Amend Bill, page 3, by inserting between lines 28 and 29

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(A07943)

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(5)  A defendant if:

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(i)  the defendant was a minor at the time the

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depiction was sent;

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(ii)  the visual depiction includes no person other

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than the defendant or the recipient;

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(iii)  the defendant had a reasonable belief at the

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time the depiction was sent to another that it was sent

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to a willing recipient; and

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(iv)  the recipient was a minor at the time the

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depiction was sent.

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(6)  A defendant if:

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(i)  the defendant was a minor at the time the

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depiction was sent;

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(ii)  the visual depiction includes no person other

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than the defendant or the recipient;

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(iii)  the minor in the depiction was at least 16

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years of age at the time the depiction was sent;

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(iv)  the minor in the depiction was a willing

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participant; and

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(v)  the adult recipient was less than four years

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older than the minor in the depiction at the time the

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depiction was sent.

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(7)  Possession of any electronic communication received

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under the circumstances specified in paragraph (5) or (6).

  

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