HB 17-1064

House Bill 17-1064, which has been signed into law in Colorado, creates a new crime called "misuse of electronic images by a juvenile." This law prohibits minors from sharing, showing, or possessing sexually explicit photos of themselves or other minors who are close to their age (within four years). If a minor is caught violating this law, they won't be charged with the more serious offense of child exploitation. However, if a minor can prove that they received the images unwillingly and took steps to remove them within 72 hours, they may not face charges for possession. This bill aims to address the issue of sexting among teenagers without punishing them as severely as adult offenders would be.

Official Summary

The bill creates the crime of misuse of electronic images by a juvenile. The offense prohibits a juvenile from knowingly distributing, displaying, or publishing through digital or electronic means, or possessing, a sexually explicit image of himself or herself or of another juvenile who, as depicted in the image, is within 4 years of age of the charged juvenile. If a juvenile is charged with the crime of misuse of electronic images by a juvenile, he or she cannot be charged with sexual exploitation of a child. It is an affirmative defense to the distribution offense if the juvenile committed the act as a result of coercion, intimidation, or harassment. It is an affirmative defense to the possession offense if the juvenile: Did not solicit or request to be supplied with the image or images; and Did not participate in or encourage the making of the image or images; and Did not transmit or distribute the image or images to another person; and Took reasonable steps to either destroy or delete the images within 72 hours or reported the receipt of such image or images to law enforcement or a school official within 72 hours.(Note: This summary applies to this bill as introduced.)

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