Unlawful Electronic Sexual Communication

Sex crimes - unlawful electronic sexual communication - minors. The act creates the crime of unlawful electronic sexual communication. The act prohibits a person from knowingly importuning, inviting, or enticing through communication via a computer network or system, telephone network, or data network or by a text message or instant message a person whom the actor knows or believes to be 15 years of age or older but less than18 years of age and at least 4 years younger than the actor, and the actor committing the offense is one in a position of trust with respect to that person, to:

• Expose or touch the person's own or another person's intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or
• Observe the actor's intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message.

A violation of this provision is a class 6 felony.

The act prohibits a person from knowingly communicating over a computer or computer network, telephone network, or data network or by a text message or instant message to a person the actor knows or believes to be 15 years of age or older but less than 18 years of age and at least 4 years younger than the actor and, in that communication or in any subsequent communication, describes explicit sexual conduct and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor committing the offense is one in a position of trust with respect to that person. A violation of this provision is a class 6 felony, but it is a class 5 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation or sexual contact.

The act require a person who commits unlawful electronic sexual communication to undergo sex offender treatment and register as a sex offender, and the defendant is subject to the sex offense against children procedures.

(Note: This summary applies to this bill as enacted.)