H1593 — An Act protecting minors from the creation of computer-generated child sexual abuse visual materials

Summary

An Act protecting minors from the creation of computer-generated child sexual abuse visual materials

Bill Text

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The bill establishes new offenses and penalties related to the creation of child sexual abuse visual material and defines relevant terms.

• Chapter 272, Section 29E

  Section 29E. (a) Whoever, either with knowledge that a person is a minor or while in possession of such facts giving reason to know that such person is a minor, and with lascivious intent, creates child sexual abuse visual material shall be punished by imprisonment in the house of correction for not more than 2½ years, or by imprisonment in the state prison for not more than 10 years, or by a fine of not less than $10,000 nor more than $50,000, or by both such fine and imprisonment. (b) For the purposes of this section, the determination of whether the child in any child sexual abuse visual material prohibited hereunder is a minor may be made by: (i) the personal testimony of the child, (ii) the testimony of a person who produced, processed, published, printed or manufactured such child sexual abuse visual material that the child in the material was known by the person to be a minor, (iii) testimony of a person who observed the visual material, or (iv) expert medical testimony as to the age of the child based upon the child's physical appearance, by inspection of the visual material or by any other method authorized by any general or special law or by any applicable rule of evidence.

  This creates a new section that penalizes the creation of child sexual abuse visual material with specific fines and imprisonment terms.

• Chapter 272, Section 31

  29B → 29D

  This change updates the listing of section numbers to include the new section 29D.

• Chapter 272, Section 31

  “Child sexual abuse visual material”, visual material including, but not limited to, any photograph, film, video, picture or computer-generated image or picture depicting sexual conduct, sexual excitement, or a minor in a state of nudity or partial nudity that has been created, adapted, modified, mechanically or chemically reproduced or altered, including, but not limited to, through digitization, in a manner that would falsely appear to a reasonable person to be, or include, an authentic representation or depiction of a minor.

  This establishes a new definition for 'Child sexual abuse visual material' to clarify what constitutes such material.

Sponsors

• Natalie M. Blais · Primary

Subjects