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1999 SESSION

992034818
HOUSE BILL NO. 1758
Offered January 13, 1999
A BILL to amend the Code of Virginia by adding a section numbered 18.2-370.2, relating to taking indecent liberties with children through the Internet; penalty.
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Patrons-- Byron, Almand, Armstrong, Bennett, Blevins, Bryant, Davis, Drake, Dudley, Howell, Ingram, Johnson, Jones, S.C., Keating, Kilgore, Landes and Plum; Senators: Hawkins and Newman
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Referred to Committee on Science and Technology
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-370.2 as follows:

§ 18.2-370.2. Taking indecent liberties with children through the Internet; penalty.

A. Any person eighteen years of age or over shall be guilty of a Class 6 felony if he knowingly and intentionally, and with lascivious intent, disseminates material to a juvenile through the global information system known as the Internet, that is obscene or harmful to juveniles in order to induce that juvenile to engage in an act of sexual intercourse or any act constituting an offense under § 18.2-361.

B. For the purposes of this section:

"Knowingly" means having actual knowledge of, or reason to know, the age of the juvenile; however, an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable, bona fide attempt to ascertain the true age of such juvenile.

2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $ 0.