THE SENATE

S.B. NO.

51

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to OBSCENITY.

 

 

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

 


SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"712‑   Promoting or possession of electronically communicated indecent material by a minor. (1) A minor commits the offense of promoting electronically communicated indecent material if the minor intentionally or knowingly transfers to another person, by use of a computer or electronic communication, a nude depiction of that minor's self.

(2) No person shall possess indecent material described under subsection (1). This subsection shall not apply to a person who involuntarily receives the indecent material and, as soon as possible takes reasonable steps, whether successful or not, to destroy or delete the indecent material.

(3) All records of arrest and adjudication of a minor under this section shall be expunged when the minor reaches eighteen years of age.

(4) As used in this section:

"Computer" shall have the same meaning as in section 708‑890.

"Electronic communication" shall have the same meaning as in section 711-1111.

"Minor" means any person under eighteen years of age.

(5) A minor convicted under subsection (1) or (2) shall be adjudicated under chapter 571.

An adult convicted under subsection (2) shall be guilty of a class C felony."

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

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Obscenity; Promoting or Possessing Electronically Communicated Indecent Material by a Minor

 

Description:

Creates the misdemeanor offense of a minor electronically communicating indecent material. Creates the offense of possession of indecent material electronically communicated by a minor, which is a misdemeanor if committed by a minor and a class C felony if committed by an adult.

 

 

 

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