The proposed bill establishes a new offense, defined as "sexual communication with minors," which prohibits adults from engaging in specific types of communication with individuals under the age of eighteen. The bill outlines various forms of obscene communication, including explicit descriptions of sexual conduct, requests for sexual images, and attempts to normalize sexual contact between adults and minors. It specifies that a person over the age of eighteen who knowingly engages in a pattern of such communication with a minor can be charged with a felony, with penalties increasing for subsequent offenses. Additionally, the bill allows for the forfeiture of devices used in the communication and prohibits convicted individuals from using social media during their incarceration, probation, or parole.
Furthermore, the bill creates a civil cause of action that allows minor victims, or their parents or legal guardians, to seek damages independently of any criminal proceedings. It clarifies that this civil action is not contingent upon a criminal conviction and can be pursued regardless of whether criminal charges have been filed. The bill also includes provisions that exempt communications made in the context of age-appropriate sex education and outlines circumstances under which law enforcement is not required to notify a parent or guardian of a minor involved in a reported violation. Additionally, it amends existing law to include the new offense in the registration requirements for offenders convicted of related crimes against minors. The act is set to take effect immediately upon completion of the necessary legislative processes.
Statutes affected: Introduced: 7-19-302
Engrossed: 7-19-302