This bill amends the definition of "child" in the child sexual abuse images statute to include not only actual persons under the age of 18 but also any depiction that portrays an individual who is indistinguishable from a person under the age of 18. The bill specifies that "indistinguishable" means that an ordinary person viewing the depiction would conclude that it is of an actual child engaged in sexually explicit conduct. However, this definition does not apply to drawings, cartoons, sculptures, or paintings depicting minors or adults.
The bill also introduces a new definition for "indistinguishable," which clarifies the standard by which a depiction is considered to be of a child. Additionally, the bill maintains the existing definitions of terms such as "disseminate," "sexually explicit conduct," "visual representation," "identifiable child," "previous conviction," and "computer." The act is set to take effect on January 1, 2025.
Statutes affected: Introduced: 649-A:2
Version adopted by both bodies: 649-A:2
CHAPTERED FINAL VERSION: 649-A:2