8-309

8-309. Unlawful use of an electronic
communication device by a minor; classification; definitions

A. It is unlawful for a juvenile to intentionally or knowingly use an electronic
communication device to transmit or display a visual depiction of a minor that depicts
explicit sexual material.

B. It is unlawful for a juvenile to intentionally or knowingly possess a visual
depiction of a minor that depicts explicit sexual material and that was transmitted to
the juvenile through the use of an electronic communication device.

C. It is not a violation of subsection B of this section if all of the following
apply:

1. The juvenile did not solicit the visual depiction.

2. The juvenile took reasonable steps to destroy or eliminate the visual depiction
or report the visual depiction to the juvenile's parent, guardian, school official or law
enforcement official.

D. A violation of subsection A of this section is a petty offense if the juvenile
transmits or displays the visual depiction to one other person. A violation of subsection
A of this section is a class 3 misdemeanor if the juvenile transmits or displays the
visual depiction to more than one other person.

E. A violation of subsection B of this section is a petty offense.

F. Any violation of this section that occurs after adjudication for a prior
violation of this section or after completion of a diversion program as a result of a
referral or petition charging a violation of this section is a class 2 misdemeanor.

G. For the purposes of this section:

1. "Electronic communication device" has the same meaning prescribed in section
13-3560.

2. "Explicit sexual material" means material that depicts human genitalia or that
depicts nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic
abuse as defined in section 13-3501.

3. "Visual depiction" has the same meaning prescribed in section 13-3551.