2010 Legislation Related to "Sexting"

Last update: January 4, 2011

 In 2010, at least 16 states and Guam introduced or are considering bills or resolutions aimed at "sexting"—the practice of sending sexually explicit or nude or semi-nude photos of children by cell phone.  The legislation generally aims to educate young people about the risks of sexting, deter them from the practice and apply appropriate penalties to those who do engage in sexting. 

Since 2009, when NCSL began tracking sexting legislation, at least 10 states have enacted bills to address youth sexting.   In addition, the California Assembly passed a resolution in 2010, and Indiana (in 2009) and Rhode Island (in 2010) created study commissions relating to sexting.  See also 2011 Sexting Legislation and 2009 Sexting Legislation.

ARIZONA
S.B. 1266
Status: Signed by Governor, May 7, 2010
Establishes, as class 2 misdemeanors, the offenses of using an electronic communication device to transmit visual depictions of minors that depict explicit sexual material and possessing such visual depictions.  Outlines defenses to possessing visual depictions.

CALIFORNIA
A.C.R. 100
Status: February 26, 2010, Adopted/Chaptered.
Recognizes the month of February 2010 as National Teen Dating Violence Awareness and Prevention Month. Encourages all Californians to observe the month with appropriate programs and activities.

CONNECTICUT
H.B. 5533
Status: May 26, 2010, Enrolled, Public Act 10-191
Relates to sexting and protecting children from the dangers and consequences of inappropriate use of technology.

FLORIDA
H.B. 1335
Status: Died in Committee.
Provides that minor commits offense of sexting if he or she knowingly electronically transmits or distributes to another person any photograph or video of himself or herself which depicts nudity & is harmful to minors, or knowingly possesses such photograph or video that was transmitted or distributed to minor from another minor; provides noncriminal & criminal penalties; provides that act does not prohibit prosecution of minor for conduct relating to material that includes depiction of sexual conduct or sexual excitement or for stalking.

S.B. 2560
Status: Died in Messages.
Provides that a minor commits the offense of sexting if he or she knowingly uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another person any photograph or video of himself or herself which depicts nudity and is harmful to minors, or knowingly possesses such a photograph or video that was transmitted or distributed to the minor from another minor, etc.

GEORGIA
H.B. 1334
Includes cellular telephone transmissions as prohibited methods of transmission for furnishing obscene material to minors.

ILLINOIS
H.B. 4583
Status: July 19, 2010, Signed by Governor
Provides that a minor shall not distribute or disseminate an indecent visual depiction of another minor through the use of a computer or electronic communication device. Provides that a minor who violates any of these provisions may be subject to a petition for adjudication and adjudged a minor in need of supervision. Provides that a minor found to be in need of supervision under this provision may be: (1) ordered to obtain counseling or other supportive services to address the acts that led to the need for supervision; or (2) ordered to perform community service.

S.B. 2513
Amends the Juvenile Court Act of 1987 and the Criminal Code of 1961. Provides that a minor shall not knowingly and voluntarily and without threat or coercion use a computer or electronic communication device to transmit an indecent visual depiction of himself or herself to another person. Provides that a person shall not possess a visual depiction transmitted to the person in violation of this provision.

INDIANA
H.B. 1115
Status: Failed; regular session adjourned.
Sending of sexual material by cell phone or other media. Provides that a school corporation may offer classes, instruction, or programs regarding the risks and consequences of creating and sharing sexually suggestive or explicit materials. Provides defenses to the crimes of disseminating matter that is harmful to minors, child exploitation, and possession of child pornography if a cellular telephone was used and the defendant and recipient of the matter are certain ages and meet other requirements

H.B. 1276 (Note: sexting provisions were amended out in later versions.)
Requires the sentencing policy study committee to study and make recommendations regarding the sending of sexually suggestive or sexually explicit material over the Internet or by use of a cell phone or similar device. Provides that school corporations may provide instruction or programs regarding domestic violence. Amends the definition of "bullying" to include communications transmitted from an electronic communications device or though a social networking web site. 

S.B. 152
Status: Failed; regular session adjourned.
Sharing sexually explicit material. Authorizes a school corporation to provide education concerning the potential risks and consequences of creating and sharing sexually suggestive or explicit materials through cell phones, over a computer, or through other digital media. Provides that, for a defendant charged with an offense involving the dissemination or display to minors of material that is harmful to minors or obscene, it is a defense that the defendant was less than four years older than the minor who received or accessed the matter and that the minor expressly or implicitly acquiesced in the defendant's conduct.

KENTUCKY
H.B. 57
Status: Failed; regular session adjourned.
Creates a new section of KRS Chapter 531 to prohibit a person under 18 years of age from transmitting a nude image of himself or herself or another person under 18 years of age to another person by computer or electronic means as a violation for the first offense and a Class B misdemeanor for each subsequent offense; provides for juvenile court jurisdiction; prohibits requiring registration as sex offender; creates new section of KRS Chapter 531 to prohibit possession of a nude image of a person under 18 years of age as a violation for the first offense and a Class B misdemeanor for each subsequent offense; provides for juvenile court jurisdiction for person under 18 at time of commission of offense and District Court jurisdiction for persons over 18; prohibits requiring registration as sex offender.

H.B. 143
Status: Failed; regular session adjourned.
Relates to crimes and punishments; prohibits a person under 18 years of age from transmitting a nude image of himself or herself or another person under 18 years of age to another person by computer or electronic means as a violation for the first offense and a Class B misdemeanor for each subsequent offense; provides for juvenile court jurisdiction; prohibits requiring registration as sex offender.

LOUISIANA
H.B. 1357
Status: July 6, 2010, Signed by Governor
Prohibits the transmission of indecent visual depictions in certain circumstances.

MISSISSIPPI
H.B. 643
Status: Failed. Died in Committee.
Creates the criminal offense of the use of cellular or electronic devices that shows minors under the age of eighteen in a state of nudity; provides penalties for violations.

NEW JERSEY
A.B. 1560
Requires school districts to annually disseminate information to students and parents or guardians on the dangers of distributing sexually explicit images through electronic means.

A.B. 1561
Creates diversionary program for juveniles who are criminally charged for "sexting" or posting sexual images.

A.B. 1562
Prohibits retail stores from selling cellular telephone equipment or cellular telephone equipment service contracts unless stores provide information brochures about "sexting" to customers who purchase such equipment or contracts.

NEW YORK
A.B. 8622
Relates to educating children on the harms of electronically sending and posting certain images of themselves.

S.B. 5680
Relates to educating children on the harms of electronically sending and posting certain images of themselves.

OHIO
H.B. 132/S.B. 103
Prohibits a minor, by use of a telecommunications device, from recklessly creating, receiving, exchanging, sending, or possessing a photograph or other material showing a minor in a state of nudity.

H.B. 473
Prohibits a minor, by use of a telecommunications device, from knowingly receiving, exchanging, sending, posting, or possessing a photograph, video, or other material that shows a minor in a state of nudity; defines a state of nudity for purposes of the prohibition; limits the offense of illegal use of a minor in nudity-oriented material or performance to acts committed by persons a specified age or older.

OKLAHOMA 
H.B. 3321
Status: Failed; regular session adjourned.
Relates to solicitation of sexual conduct or communication with a minor by use of technology; including description of text messages with certain sexual content; modifies penalty for consensual text messages between certain persons; specifies penalty for certain persons.

PENNSYLVANIA
S.B. 1121
Amends the Crimes and Offenses Code and the Judiciary and Judicial Procedure Code. Provides for the offense of dissemination of prohibited materials by minors. In criminal history record information. Further provides for expungement and for juvenile records. In relation to summary offenses, further providing for the scope of the Juvenile Act, for inspection of court Files and records and for conduct of hearings.

H.B. 2189  
Amends criminal code defining the offense of dissemination of prohibited materials by minors via electronic communications.

RHODE ISLAND
H.B. 7778
Status: Failed; regular session adjourned.
Prohibits the use of a computer or other telecommunication device to transmit an indecent visual depiction of himself or herself to another person, which is commonly known as "sexting," by minors.  Any violation of this act is deemed to be a status offense and shall be referred to the family court.

S.B. 2635
Status: Failed; regular session adjourned.
Would prohibit the use of a computer or other telecommunication device to transmit an indecent visual depiction of himself or herself to another person, which is commonly known a "sexting", by minors any violation of this act is deemed to be a status offense and shall be referred to the family court. This act would take effect upon passage.Would prohibit the use of a computer or other telecommunication device to transmit an indecent visual depiction of himself or herself to another person, which is commonly known a "sexting", by minors any violation of this act is deemed to be a status offense and shall be referred to the family court. This act would take effect upon passage.

S.B. 2871
Status: May 26, 2010; Adopted, Chapter 2010-274
Creates a special senate commission to study and make recommendations related to the problem of cyberthreats, cyberbullying, bullying and sexting.

SOUTH CAROLINA
H.B. 4504
Creates the offense of sexting; provides a fine and an educational program for a person who commits the offense, and provides for expungement of the person's record upon completion of an educational program and payment of a fine.

GUAM
B436
Relates to bullying, cyberbullying, and sexting.

  *PLEASE NOTE: The National Conference of State Legislatures serves state legislators and their staff.   This site provides comparative information only and should not be construed as legal advice.  NCSL cannot provide assistance with individual cases.

NCSL Contact: Pam Greenberg, NCSL Denver Office, 303-364-7700 ext. 1413, pam.greenberg@ncsl.org.  Please help us keep this page accurate and complete by sending information about additional bills to pam.greenberg@ncsl.org.