2011 Legislation Related to "Sexting"

2011 Year-end summary 1/23/2012

In 2011, at least 21 states and Guam introduced bills or resolutions aimed at "sexting"—the practice of sending sexually explicit or nude or semi-nude photos of children by cell phone. Bills were enacted in seven states (Florida, Nevada, New Jersey, New York, North Dakota, Rhode Island and Texas) and Guam in 2011.

Since 2009, when NCSL began tracking sexting legislation, at least 16 states and Guam 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 2012 Sexting Legislation, 2010 Sexting Legislation, 2009 Sexting Legislation, NCSL LegisBrief: The Vexing Problem of Sexting.

For background information about youth sexting, see Prevalence and Characteristics of Youth Sexting: A National Study, by Kimberly J. Mitchell, PhD, David Finkelhor, PhD, Lisa M. Jones, PhD, Janis Wolak, JD, published in Pediatrics, December 10, 2011.

ALASKA
H.B. 127
Status: 6/23/2011, Signed by Governor, but sexting provisions were amended out of enacted version.
Relates to the crimes of stalking, online enticement of a minor, unlawful exploitation of a minor, endangering the welfare of a child, sending an explicit image of a minor, harassment, distribution of indecent material to minors, and misconduct involving confidential information.

S.B. 72
Status: Pending; Carryover to 2012 session.
Relates to the crimes of stalking, online enticement of a minor, unlawful exploitation of a minor, endangering the welfare of a child, sending an explicit image of a minor, harassment, distribution of indecent material to minors, and misconduct involving confidential information. 

ARKANSAS
S.B. 741
Status: Failed--adjourned.
Addresses the problem of sexting; creates the offenses of wireless communication device stalking of a child and communicating improperly using a wireless device with a minor.

CALIFORNIA
A.B. 321
Status: Pending
Authorizes the court, if sexually explicit matter was in the possession of a minor, to order the minor to pay a fine not to exceed $ 1,000, and to undergo counseling, with the cost of counseling to be borne by the minor's parents. Makes legislative findings and declarations regarding the problems associated with sexting.

A.B. 1043
Status: Pending
Extends the Juvenile Court's jurisdiction to also include minors who engaged in sexting images of themselves or other minors. Requires a court to order a minor who engaged in sexting to perform 24 to 40 hours of community service.

S.B. 916
Status: Pending
Expresses the intent of the Legislature to enact legislation to address the activity commonly referred to as "sexting" as it pertains to minors.

S.B. 919
Status: Pending
Amends provisions of the Interagency School Safety Demonstration Act relating to the School/Law Enforcement Partnership. Defines sexting for purposes of that act as the sending or receiving of sexually explicit pictures or video images by means of an electronic act. Requires the partnership's school safety programs to reduce sexting. Includes engaging in an act of sexting directed specifically toward a pupil or school personnel as an act for which a pupil may be suspended or expelled from school.

FLORIDA
H.B. 75
Status: 6/21/11, Signed by Governor. Chapter 2011-180.
Provides that minor commits offense of sexting if he or she knowingly uses computer or other device to transmit or distribute photograph or video of himself or herself which depicts nudity and is harmful to minors, or knowingly possesses such photograph or video that was transmitted or distributed to minor from another minor; provides that transmission or distribution of multiple photographs or videos is single offense if such photographs and videos were transmitted or distributed in same 24-hour period; provides that possession of multiple photographs or videos that were transmitted or distributed by minor is single offense if such photographs and videos were transmitted or distributed by minor in same 24-hour period; 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. 888
Status: Failed
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 minor any photograph or video of himself or herself which depicts nudity and is harmful to minors; provides noncriminal and criminal penalties.

HAWAII 
H.B. 573
Status: Pending; Carryover to 2012 session.
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.

S.B. 51
Status: Pending; Carryover to 2012 session.
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.

INDIANA
H.B. 1042
Status: Failed--Adjourned.
Relates to disseminating material harmful to minors. 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. 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 that discipline rules adopted by a school corporation must prohibit bullying through the use of computers, computer systems, or computer networks of a school corporation.

S.B. 554
Status: Failed--Adjourned.
Relates to disseminating material harmful to minors. 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. 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 that discipline rules adopted by a school corporation must prohibit bullying through the use of computers, computer systems, or computer networks of a school corporation.

IOWA
D. 1251
Relates to child pornography and sexting.

KANSAS
House Substitute for S.B. 63
Status: 5/25/2011, Signed by Governor, but sexting provisions were amended out of enacted version.
Amends the crime of sexual exploitation of a child.

MISSISSIPPI
H.B. 368
Status: Failed--Adjourned.
Includes the storing of a visual depiction of child pornography on cell phones as a violation of exploitation of children.

NEVADA
S.B. 277
Status: 6/3/11, Signed by Governor, Chapter 245
Revises provisions governing certain acts by juveniles relating to the possession, transmission and distribution of certain sexual images.

NEW JERSEY
A.B. 1560
Status: Pending.
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
Status: June 29, 2011. Signed by Governor, Chapter 128
Creates diversionary program for juveniles who are criminally charged for "sexting" or posting sexual images.

A.B. 1562
Status: Pending.
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.

S.B. 2698
Status: Pending.
Requires school districts to annually disseminate information to students and parents or guardians on the dangers of distributing sexually explicit images through electronic means.

S.B. 2699
Status: Pending.
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.

S.B. 2700
Status: Pending.
Creates diversionary program for juveniles who are criminally charged for sexting or posting sexual images.

S.B. 2907
Status: Pending.
Requires public school districts to include instruction on the dangers of distributing sexually explicit images through electronic means as part of the Core Curriculum Content Standards in Comprehensive Health and Physical Education.

NEW YORK
A.B. 8131
Status: Pending
Directs the attorney general to establish a 2 year juvenile sexting and cyberbullying education demonstration program in not less than 3 counties as a diversionary program for persons under 16 who have engaged in cyberbullying or sexting, in lieu of juvenile delinquency or criminal proceedings.

A.B. 8170
Status: September 23, 2011, Signed by Governor, Chapter 535 
Creates an educational reform program and a diversionary program for certain juveniles who are criminally charged with certain offenses involving the creation, exhibition or distribution of a photograph depicting nudity through the use of an electronic communication device, an interactive wireless communications device or a computer.

S.B. 3439
Status: Pending.
Relates to educating children on the harms of electronically sending and posting certain images of themselves.

NORTH DAKOTA
H.B. 1371
Status: 3/21/2011, Signed by Governor. Chapter 99.
Relates to the creation, possession, or dissemination of sexually expressive images.

OHIO
H.B. 53
Status: Pending.
Prohibits a minor, by use of a telecommunications device or other means, from knowingly creating, receiving, exchanging, sending, or possessing a photograph or other material showing a minor in a state of nudity.

H.B. 80
Status: Pending.
Prohibits a minor, by use of a telecommunications device, from knowingly sharing, exchanging, sending, or posting a photograph, video, or other material that shows a minor in a state of nudity; Defines a state of nudity for purposes of this prohibition; limits the offense of illegal use of a minor in a nudity-oriented material or performance to acts committed by persons 18 years of age or older.

OKLAHOMA
H.B. 2006
Status: Pending; Carryover to 2012 session.
Relates to crimes and punishments; relates to solicitation of sexual conduct or communication with a minor by use of technology; includes description of text messages with certain sexual content; modifies penalty for consensual text messages between certain persons; specifies penalty for certain persons; declares an emergency.

OREGON
S.B. 677
Status: Failed--adjourned.
Creates a partial defense to certain sex offenses for certain juveniles and persons less than three years older than the victim. Reduces sex offense to crime of inappropriate use of sexual image. Creates the crime of inappropriate use of sexual image. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. 

S.B. 678
Status: Failed--adjourned.
Creates a partial defense to certain sex offenses for certain juveniles and persons less than three years older than victim. Reduces sex offense to crime of inappropriate use of sexual image or, under certain circumstances, authorizes court to impose
sentence not to exceed any otherwise applicable mandatory minimum or presumptive sentence, whichever is longer. Creates crime of inappropriate use of sexual image. Punishes by maximum of one year's imprisonment, $6,250 fine, or both.

PENNSYLVANIA
H.B. 815
Status: Pending.
Amends the Crimes and Offenses Code; further provides for the offense of sexual abuse of children; defines the offense of sexting by minors.

S.B. 850
Status: Pending.
Amends the Crimes and Offenses Code and the Judiciary and Judicial Procedure Code; provides for the offense of cyberbullying and sexting by minors in criminal history record information; further provides for expungement and for juvenile records in relation to summary offenses, further providing for short title and purpose of chapter, for the scope of the Juvenile Act, for inspection of court files and records, for conduct of hearings and for right to counsel.

RHODE ISLAND
H.B. 5094
Status: 7/12/2011. Signed by Governor, Public Law 2011-270.
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; provides that 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. 

H.B. 5808
Status: Pending.
Would create various criminal offenses relating to Internet activity. This act would take effect upon passage.

S.B. 733
Status: 7/12/2011. Signed by Governor, Public Law 2011-295.
Would create various criminal offenses relating to Internet activity. This act would take effect upon passage.

SOUTH CAROLINA
H.B. 3130
Status: Pending.
Creates the offense of sexting; provides for a civil fine and an educational program for a person who commits the offense, provides for the restriction of a minor's driving privileges under certain circumstances, provides certain safeguards for minors who commit the offense, and provides for the use of the uniform traffic ticket for the offense and for jurisdiction over the offense in the municipal or magistrates court.

 S.B. 296
Status: Pending.
Creates the offense of sexting; provides for a civil fine and an educational program for a person who commits the offense, provides for the restriction of a minor's driving privileges under certain circumstances, provides certain safeguards for minors who commit the offense, and provides for the use of the uniform traffic ticket for the offense and for jurisdiction over the offense in the municipal or magistrates court. 

SOUTH DAKOTA
S.B. 179, Failed--adjourned
Defines and prohibits the offenses of juvenile sexting and aggravated juvenile sexting and provides for certain sanctions and remedies.

TEXAS
S.B. 407/H.B. 1309
Status: 6/17/11, Signed by Governor, Chapter 1322
Relates to the creation of the offense of electronic transmission of certain visual material depicting a minor and to certain educational programs concerning the prevention and awareness of that offense.

GUAM
Bill No. 41-31 (COR)
Status: March 8, 2011, Signed by Governor
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.  Please help us keep this page accurate and complete by sending information about additional bills to pam.greenberg@ncsl.org.