- A. It is unlawful for a juvenile to intentionally or knowingly use an electronic communication device to transmit or display a visual depiction of a minor that depicts explicit sexual material.
- B. It is unlawful for a juvenile to intentionally or knowingly possess a visual depiction of a minor that depicts explicit sexual material and that was transmitted to the juvenile through the use of an electronic communication device.
C. It is not a violation of subsection B of this section if all of the following apply:
- 1. The juvenile did not solicit the visual depiction.
- 2. The juvenile took reasonable steps to destroy or eliminate the visual depiction or report the visual depiction to the juvenile's parent, guardian, school official or law enforcement official.
- D. A violation of subsection A of this section is a petty offense if the juvenile transmits or displays the visual depiction to one other person. A violation of subsection A of this section is a class 3 misdemeanor if the juvenile transmits or displays the visual depiction to more than one other person.
- E. A violation of subsection B of this section is a petty offense.
- F. Any violation of this section that occurs after adjudication for a prior violation of this section or after completion of a diversion program as a result of a referral or petition charging a violation of this section is a class 2 misdemeanor.
G. For the purposes of this section:
- 1. "Electronic communication device" has the same meaning prescribed in section 13-3560.
- 2. "Explicit sexual material" means material that depicts human genitalia or that depicts nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse as defined in section 13-3501.
- 3. "Visual depiction" has the same meaning prescribed in section 13-3551.