Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1139

Introduced
2/16/23  

Caption

Relative to transmitting indecent visual depictions by teens and the unlawful distribution of explicit images

Impact

The bill modifies Chapter 272 of the General Laws to introduce a new section (29D), clarifying the legal framework around the possession and dissemination of visual material by those under the age of criminal majority. It delineates how juveniles may face educational diversion rather than traditional legal repercussions for infractions related to sexting. Importantly, the bill ensures that those adjudicated under this section will not need to register as sex offenders and may have their records eligible for expungement, thereby focusing on rehabilitation rather than punishment for youthful indiscretions.

Summary

Senate Bill S1139 addresses the growing concern of indecent visual depictions transmitted by minors, commonly referred to as 'sexting'. The proposed legislation aims to amend existing laws regarding the legal repercussions of transmitting such materials among adolescents. A key component of the bill is the establishment of educational programs aimed at informing teenagers about the risks, legal consequences, and social impact associated with sexting. This initiative is intended to promote a safer digital environment for youth while reducing potential legal penalties for minors engaged in such actions, provided they participate in the educational programs.

Contention

Discussions surrounding S1139 also highlight potential areas of contention, particularly regarding the balance between educating youth and enforcing legal statutes. Proponents argue that focusing on education rather than punishment is a progressive approach that acknowledges the unique challenges posed by the digital age. Conversely, critics may raise concerns over the effectiveness of educational diversion programs versus traditional legal consequences as a deterrence for the distribution of explicit materials. The bill’s framework aims for a preventative, rather than punitive, strategy which may face scrutiny regarding its implementation and efficacy.

Companion Bills

MA S1012

Similar To Relative to transmitting indecent visual depictions by teens and the unlawful distribution of explicit images

MA H1745

Similar To Relative to transmitting indecent visual depictions by teens and the unlawful distribution of explicit images

MA H4241

Similar To To prevent abuse and exploitation

MA H4744

Similar To To prevent abuse and exploitation

MA H4115

Replaced by To prevent abuse and exploitation

Previously Filed As

MA S1012

Relative to transmitting indecent visual depictions by teens and the unlawful distribution of explicit images

MA H1745

Relative to transmitting indecent visual depictions by teens and the unlawful distribution of explicit images

MA H4115

To prevent abuse and exploitation

MA H4744

To prevent abuse and exploitation

MA H4241

To prevent abuse and exploitation

MA HB1357

Prohibits the transmission of indecent visual depictions in certain circumstances

MA S2710

Site Information & Links

MA HB103

Creates the crime of indecent visual depiction of a minor (OR SEE FISC NOTE GF EX)

MA S2703

Site Information & Links

MA S0955

Prohibits a minor from soliciting or possessing an indecent visual depiction from another minor.

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