Sexting Offenses

DISSEMINATION AND EXHIBITION OF OBSCENE MATERIALS TO MINORS

It is illegal for any person (including other minors), other than the parent or guardian of the minor, to knowingly disseminate or exhibit obscene material to a minor, including the exhibition of obscene material so that it can be observed by a minor on or off the premises where it is displayed.  This is a serious misdemeanor, punishable by up to one-year in jail.  This offense also subjects the person to 10 years on the sex offender registry. 
 

SEXUAL EXPLOITATION OF A MINOR

It is unlawful to employ, use, persuade, induce, entice, coerce, solicit, knowingly permit, or otherwise cause or attempt to cause a minor to engage in a prohibited sexual act or in the simulation of a prohibited sexual act.  A person must know, or have reason to know, or intend that the act or simulated acts may be photographed, filmed, or otherwise preserved in a visual depiction.  A conviction of this offense is a class “C” felony, punishable by up to 10 years in prison.  The court may also assess a fine of not more than $50,000 for each offense in addition to any other authorized sentence.  Conviction of this offense also subjects the individual to a lifetime special sentence parole to commence at the completion of the sentence imposed.  This offense also requires 10 years on the sex offender registry.
 
It is unlawful to knowingly promote any material visually depicting a live performance of a minor engaging in a prohibited sexual act or in the simulation of a prohibited sexual act.  A conviction of this offense is a class “D” felony.  The court may assess a fine of not more than $25,000 for each offense under this subsection in addition to any other authorized sentence.  Conviction of this offense also subjects the individual to a 10-year special sentence parole to commence at the completion of the sentence imposed.  This offense also requires 10 years on the sex offender registry.
 
It is unlawful to knowingly purchase or possess a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act.  A person convicted as a first offense is guilty of an aggravated misdemeanor, punishable by up to 2 years in prison.  Conviction of this offense also subjects the individual to a 10-year special sentence parole to commence at the completion of the sentence imposed.  This offense also requires 10 years on the sex offender registry.  A second or subsequent conviction of this offense is a class “D” felony, punishable by up to 5 years in prison.  A second or subsequent conviction also subject the individual to a 10-year special sentence parole, and lifetime on the sex offender registry.
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