Bill > H1567

This bill, titled "Relative to transmitting indecent visual depictions by teens," proposes to amend Massachusetts General Laws Chapter 272 by adding a new section, Section 29D, which defines an "indecent visual depiction" as any pose or setting involving a lewd exhibition of certain body parts. The bill outlines penalties for individuals under eighteen who knowingly transmit or distribute such depictions, or who obtain and distribute them online. For a first offense, if the distribution wasn't for harassment, intimidation, or commercial purposes, the minor may face a noncriminal offense and be required to complete a diversion program. A second offense would result in a civil fine of $250 and re-completion of the diversion program. However, if the violation involved harassment, intimidation, intent to injure reputation, or commercial purposes, the minor would be guilty of a misdemeanor, facing a $1,000 fine, community service, and potentially mandatory counseling for themselves or their parents. The bill also specifies that reporting the matter to authorities or a trusted adult is not a violation, and convictions under this section will not require sex offender registration, with records being expunged. The Massachusetts Aggression Reduction Center (MARC) will develop an educational program on the legal and non-legal consequences of "sexting" or posting indecent images online, which will be used in diversion programs and made available to school districts. Jurisdiction for these violations will be exclusively in the Juvenile Court. Additionally, the bill introduces an affirmative defense for certain offenses if the image only portrays the defendant, or if the defendant was under nineteen and the image was voluntarily provided by a teen older than fifteen and not shared with anyone other than the original sender.