Relating to the creation of the offense of possession or promotion of certain visual material depicting a minor and to certain educational programs concerning the prevention and awareness of that offense.
Impact
If enacted, HB 1309 would amend the Penal Code and the Education Code, introducing both legal penalties and educational requirements. A Class B misdemeanor could be imposed for violations of the new section, which could lead to criminal repercussions for young individuals engaging in such behavior. Furthermore, the bill mandates the development of educational programs to inform minors about the legal consequences of sharing these materials, aiming to mitigate potential harm and promote awareness regarding the serious implications of their actions.
Summary
House Bill 1309 aims to address the possession and promotion of visual materials depicting minors engaged in sexual conduct. The bill proposes a new offense for minors who intentionally possess or promote such materials, emphasizing the importance of preventing the exploitation of young individuals. It establishes the legal definitions of terms such as 'visual material' and 'minor' while outlining the conditions under which a minor may be prosecuted, including provisions for potential affirmative defenses if the minor is involved in a dating relationship with the person depicted in the material.
Contention
The bill has sparked discussion around the balance of protecting minors from the dangers of sharing explicit material while ensuring that the responses to such behavior are appropriate and educational rather than purely punitive. Critics may argue that criminalizing the actions of minors could lead to long-term negative effects on their future opportunities. Therefore, there is an ongoing conversation about the best approaches to tackle this sensitive issue without resorting to stringent legal measures that could further jeopardize the futures of young people.
Identical
Relating 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.
Relating to changing the elements of the offense of possession or promotion of lewd visual material depicting a child and to the prosecution and punishment of that offense and the severability of certain related penal laws.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to the sealing of and discovery procedures relating to certain recordings of children constituting evidence in a criminal case in a criminal hearing or proceeding; creating a criminal offense.
Relating to certain affirmative defenses to prosecution for the criminal offenses of sexual performance by a child and possession or promotion of child pornography.
Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.
Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.