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2007 SESSION

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SB 1071 Sex offender registration; offender to include any electronic mail address, etc. that he will use.

Introduced by: Ryan T. McDougle | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Sex offender registration; child pornography; penalties. Requires a sex offender to include in the registration information any electronic mail address and any instant messaging screen name that he uses or will use. A sex offender must register any changes in email addresses, instant message, or other identity information within 30 minutes of such information changing. The bill defines child pornography as sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age. The bill establishes enhanced penalties for the production, distribution, solicitation, participation, financing, or photographing of child pornography. The bill also clarifies that, for purposes of punishing production, child pornography means sexually explicit visual material that uses an identifiable minor, and that for purposes of punishing possession or reproduction, a person depicted by text or title or who appears to be less than 18 years of age in sexually explicit material is inferred to be less than 18 years of age. The bill repeals § 18.2-374.1:2 but inserts similar language in § 18.2-374.1:1 relating to facilitating payment for or access to child pornography. This bill is identical to HB 2749.

SUMMARY AS PASSED SENATE:

Sex offender registration; child pornography; penalties. Requires a sex offender to include in the registration information any electronic mail address and any instant messaging screen name that he uses or will use. A sex offender must register any changes in email addresses, instant message, or other identity information within three days of such information changing. The bill defines child pornography as sexually explicit visual material which utilizes or has as a subject an identifiable minor. The bill establishes graduated penalties for production of child pornography based on the age of the child. Provisions regarding bona fide reasons for possessing child pornography are rewritten and limited. The bill provides that knowingly financing or attempting or preparing to finance child pornography is a Class 4 felony. Provisions regarding use of a communications system to facilitate certain offenses involving children are rewritten to set out the offenses.

SUMMARY AS INTRODUCED:

Sex offender registration; child pornography; penalties. Requires a sex offender to include in the registration information any electronic mail address and any instant messaging screen name that he uses or will use. A sex offender must register any changes in email addresses, instant message, or other identity information within three days of such information changing. The bill defines child pornography as sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age. The bill establishes enhanced penalties for the production, distribution, solicitation, participation, financing, or photographing of child pornography. The bill also clarifies that a person depicted or who presents the appearance of being less than 18 years of age in a sexually explicit manner is prima facie presumed to be less than 18 years of age. The bill repeals § 18.2-374.1:2 but inserts similar language in § 18.2-374.1:1 relating to facilitating payment for or access to child pornography.