Sexting and Cyberbullying This Act prohibits minors from using an electronic communication device, such as a cell phone, to possess, transmit or distribute a sexual image of themselves or of another minor. It includes in the definition of “cyberbullying” the use of electronic communication to transmit or distribute a sexual image of a minor. Submitted as: Nevada SB277 (Enrolled version) Status: Enacted into law in 2011. Suggested State Legislation (Title, enacting clause, etc.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
Section 1. [Short Title.] This Act shall be cited as “An Act to Address Sexting and Cyberbullying.” Section 2. [Definitions.] As used in this Act: (A) “Cyberbullying” means bullying through the use of electronic communication. The term includes the use of electronic communication to transmit or distribute a sexual image of a minor. (B) “Electronic communication device” means any electronic device that is capable of transmitting or distributing a sexual image, including, without limitation, a cellular phone, personal digital assistant, computer, computer network and computer system. (C) “Minor” means a person who is under [18] years of age. (D) “School official” means a principal, vice principal, school counselor or school police officer. (E) “Sexual conduct” has the meaning ascribed to it in [insert citation.] (F) “Sexual image” means any visual depiction, including, without limitation, any photograph or video, of a minor simulating or engaging in sexual conduct or of a minor as the subject of a sexual portrayal. (G) “Sexual portrayal” has the meaning ascribed to it in [insert citation]. Section 3. [Prohibiting Using an Electronic Communication Device to Transmit or Distribute a Sexual Image of a Minor.] (A) A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute a sexual image of himself or herself to another person. (B) A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute a sexual image of another minor who is older than, the same age as or not more than [4] years younger than the minor transmitting the sexual image. (C) A minor shall not knowingly and willfully possess a sexual image that was transmitted or distributed as described in subsections (A) and (B) if the minor who is the subject of the sexual image is older than, the same age as or not more than [4] years younger than the minor who possesses the sexual image. It is an affirmative defense to a violation charged pursuant to this subsection if the minor who possesses a sexual image: (1) Did not knowingly purchase, procure, solicit or request the sexual image or take any other action to cause the sexual image to come into his or her possession; and 94
The Council of State Governments
