[§707-759]  Indecent electronic display to a
child.  (1)  Any person who intentionally masturbates or intentionally
exposes the genitals in a lewd or lascivious manner live over a computer online
service, internet service, or local bulletin board service and who knows or
should know or has reason to believe that the transmission is viewed on a
computer or other electronic device by:



(a) A minor known by the person to be under the age
of eighteen years;



(b) Another person, in reckless disregard of the risk
that the other person is under the age of eighteen years, and the other person
is under the age of eighteen years; or



(c) Another person who represents that person to be
under the age of eighteen years,



is guilty of indecent electronic display to a child.



(2)  Indecent electronic display to a child is
a misdemeanor. [L 2008, c 80, §1]



 



COMMENTARY ON §707-759



 



  Act 80, Session Laws 2008, added this section, establishing a
new offense to address a specific form of grooming conduct by child predators
involving masturbation or the lewd or lascivious exposure of the predator's
genitals over the computer for view by a minor.  The legislature found that
with the widespread use and acceptance of the Internet and computers as tools
for social networking and the anonymity they appeared to provide, children and
teens are at a greater risk for victimization by persons who seek out minors
for sexual purposes.  Online predators abuse modern day technology to covertly
invade what is considered to be the most secure of places, the home. 
Conference Committee Report No. 82-08, Senate Standing Committee Report No.
3407.