Minors Cybercrime State Legislation

Minors Cybercrime State Legislation in the United States

State Cybersecurity in General

The top five state-level priorities for cybersecurity are:

  • Escalating Attacks and Network Intrusions/Hacking
  • Data Classification and Protection
  • Protecting Critical IT Infrastructure
  • Risk Assessment
  • Employee Awareness and Training

California

Solicitation

  • California Penal Code § 272. (b) Using a telephone or the Internet to lure a child who is
    younger than 14 years of age away from his or her home or from any place known by the
    parent or guardian to be where the child is located is a misdemeanor for a stranger 21
    years old or older.
  • California Penal Code § 288.2. Distributing or sending material harmful to a child via electronic mail or the Internet with the intent to seduce a person known to be a minor is a crime punishable by imprisonment in a state prison or county jail.

Pornography

  • California Penal Code § 311.2 (b) Development, distribution, possession, production, or sale of an image, or computer-generated image, depicting a child less than 18 years old
    engaging in or simulating sexual conduct is punishable by up to six years in state prison or
    a fine of no more than $100,000.00.
  • California Penal Code § 311.4. (a)-(c) Hiring or persuading someone who is less than 18 years old to perform sexual acts in order to create obscene matter is punishable by up to eight years in state prison.
  • California Penal Code § 311.10. Advertising matter that depicts someone less than 18 years of age engaging in or simulating sexual conduct is a felony punishable by imprisonment in state prison for up to four years, or in county jail for no more than one year, or by fine of $50,000.00, or both.
  • California Penal Code § 311.11. Possession of obscene matterial depicting someone known to be younger than 18 years of age engaging in or simulating sexual conduct is a felony punishable by imprisonment for up to one year, ore a fine of not more thatn $2,500.00, or both.

Harassment / Bullying

  • California Penal Code § 653.2. (a)-(c) Electronically distributing a victim’s identifying
    information or a harassing message via electronic communication device such as
    telephones, cell phones, computers, Internet Web pages or sites, Internet phones, and
    hybrid cellular/Internet/wireless devices in order to cause another person to fear for his or her safety or for the safety of his or her family is a misdemeanor punishable by up to one year in prison or a fine of not more than $1,000.00 or both. Harassment is defined as a knowing and willful course of conduct directed at a specific person that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously
    terrorizing to a person.
  • California Penal Code § 442. Using an electronic communication device to threaten death or bodily harm to another person, even if there is no intent to carry it out, if the person
    reasonably fears for his or his immediate family’s safety, is a crime punishable by no
    longer than one year in county or state prison.

Connecticut

Solicitation

    • Conn. Gen. Stat. Ann. Chapter 952 § 53a-90a. Using an interactive computer service to entice a minor for prostitution or sexual activity is a felony.

Pornography

  • Conn. Gen. Stat. Ann. Chapter 952 § 53a-90b. Intentionally misrepresenting one’s age to entice a minor is a Class C felony.
  • Conn. Gen. Stat. Ann. Chapter 952 § 53a-196-196F. Promoting obscene material or performance, employing a minor in an obscene performance, importing child pornography, and possessing child pornography are felonies.
  • Conn. Gen. Stat. Ann. Chapter 952 § 53a-182b. Using a computer network, defined as a complex of two or more computers, or any written communications to harass, annoy, or threaten is a class D felony.

Harassment / Bullying

Conn. Gen. Stat. Ann. Chapter 952 § Sec. 53a- 183. Using a computer network with the intent
to harass, annoy, or alarm another person is a class C misdemeanor.

Florida

Solicitation

Fla. Stat. Ann. Title XLVI, § 847.0135. Also known as the Computer Pornography and Child Exploitation Prevention Act. Using an electronic data storage and transmission device to seduce or entice a child, or someone believed to be a child, or to entice the child’s parent or guardian to consent to child participation in sexual conduct is a third degree felony. Each separate use of the computer may be charged as a separate offense. Misrepresenting one’s age within this
statute is a second degree felony. Travelling any distance within, to, or from Florida to meet
and entice a minor, or someone believed to be a minor, for the purpose of engaging in an
illegal act or enticing the child’s parent or guardian to consent to illegal acts with the child is a second degree felony. Using a computer to transmit images of specific sexual acts to someone who is less than 16 years old is a felony. Receipt of computer transmission by law enforcement investigator is not a defense. Compiling or transmitting a minor’s name or other identifying information in order to solicit sexual conduct with any minor is a third degree felony.

Pornography

  • Fla. Stat. Ann. Title XLVI, § 847.001 1. Defines “child pornography” as any image depicting a
    minor engaged in sexual conduct.
  • Fla. Stat.§ 847.002. Images depicting children recovered in criminal investigations must be
    given to the Child Victim Identification Program at the National Center for Missing and Exploited Children.
  • Fla. Stat.§ 847.011. Ownership or distribution of material depicting a minor in any sexual act or conduct harmful to the minor is a third degree felony.
  • Fla. Stat.§ 847.012. Using a minor in a production of sexual material or selling, renting,
    or loaning sexual content materials to minors is a felony in the third degree. The age of a minor may not be used as a defense. Every transaction is a separate offense.
  • Fla. Stat. § 847.0137. Transmitting child pornography to or from Florida is a third degree felony.

Harassment / Bullying

Fla. Stat. Ann. Title XLVIII, §1006.147. Using a public K-12 school computer or computer system or network to bully or harass students or employees of a K-12 public school is prohibited.
Physical location and time of access are not a defense.

Michigan

Solicitation

Mich. Stat. Ann. § 750.145d. Using the Internet or a computer to solicit a minor, or a person believed to be a minor, to commit an immoral act or for sexual intercourse is a misdemeanor or felony punishable by between 1 and 20 years and a fine of $20,000, or both.

Pornography

  • Mich. Stat. Ann. § 750.142. Furnishing obscene material to a minor is a misdemenaor.
  • Mich. Stat. Ann. § 750.145c. (2) Producing, making or financing child sexually abusive
    material is a felony punishable by no more than 20 years imprisonment or a fine of no more than $100,000.00, or both.
  • Mich. Stat. Ann. § 750.145c. (3) Creating, receiving, or promoting, child sexually abusive
    activity is a felony punishable by no more than seven years imprisonment or a fine of not more than $50,000.00, or both.
  • Mich. Stat. Ann. § 750.145c. (4) Possessing child sexually abusive activity is a felony
    punishable by no more than four years imprisonment or a fine of not more than
    $10,000.00, or both.

Harassment / Bullying

  • Mich. Stat. Ann. § 750.411h. Repeated, unconsented electronic communication is
    considered harassment if the victim suffers emotional stress or is considered stalking when
    harassment makes the victim feel frightened. Stalking is a misdemeanor punishable by up to one year in prison or a fine of $1,000.00, or both. If the victim was less than 18 years of age at any time harassing contact was made and the perpetrator is five years older than the
    vicitm, the crime is a felony punishable up to five years in prison or a fine of no more than
    $10,000.00, or both.
  • Mich. Stat. Ann. § 750.411i. (3) (a-b). Violating a restraining order or probation condition against sending unconsented electronic communication constitutes aggravated stalking, a felony punishable by imprisonment for no more than five years or a fine of not more than $10,000.00, or both. If the victim was less than 18 years of age at any time harassing contact was made and the perpetrator is five years older than the vicitm, the crime is a felony punishable by up to ten years in prison or a fine of no more than $15,000.00, or both.

Missouri

Solicitation

  • Mo. Rev. Stat. Title XXXVII § 566.083. Exposing genitals to a child less than 15 years of age via the Internet or coercing a child younger than 15 years of age to expose his or her genitals is a class D felony. A peace officer masquerading as a minor is not a defense against the charge.
  • Mo. Rev. Stat. § 566.151. Using the Internet or any electronic communication by a person 21
    years of age or older to attempt to entice a child who is younger than 15 years of age for
    sexual conduct is a class D felony and punishable by not less than five years and not
    more than thirty years imprisonment.
  • Mo. Rev. Stat. § 566.153. Knowingly misrepresenting age with the intent to use the
    Internet to engage in criminal sexual conduct involving a minor is a class D felony.

Pornography

  • Mo. Rev. Stat. § 573.025. Promoting child pornography to a minor is a class A felony. Promoting child pornography is a class B felony. Providers of electronic communication
    services or remote computing services are not required to monitor any user or content.
  • Mo. Rev. Stat. § 573.030. Promoting, possessing, producing, directing or participating
    in any performance that is pornographic for minors via computer, Internet, electronic
    transfer, or computer network to a minor, if the person knows material is being made available to a minor, is a class A misdemeanor.

New Hampshire

Solicitation

  • N.H. Rev. Stat. Ann. § 649-B:3. Making, buying, selling, receiving, or transmitting a
    minor’s identifying information, such as name, age, address, physical description, in order to
    facilitate or solicit sexual conduct of or with a child or any visual depiction of such conduct is
    a class B felony.
  • N.H. Rev. Stat. Ann. § 649-B:4. Using a computer on-line service or Internet service to
    seduce or solicit, or to attempt to seduce or solicit, a child or a person believed to be a
    child for sexual assault or sexual contact is a class B felony.
  • N.H. Rev. Stat. Ann. § 639:3 Soliciting sexual activity or making visual representations of
    sexual activity with any child under the age of 16 is a class B felony.

Pornography

N.H. Rev. Stat. Ann. § 649-B:3. Making, buying, selling, receiving, or transmitting a minor’s
identifying information, such as name, age, address, physical description, in order to
facilitate or solicit sexual conduct of or with a child or any visual depiction of such conduct is
a class B felony.

Harassment / Bullying

N.H. Rev. Stat. Ann. § 644:4. Harassing someone via electronic transmissions, such as computer transmissions, with the purpose to annoy, alarm, or threaten, with or without disclosing identity, is a misdemeanor. The offense is prosecuted in the jurisdiction where the transmission orginated or was received.

New Jersey

Solicitation

N.J.S.A. 2C:13-6. Utilizing electronic communication devices, such as the Internet, to entice a child into a motor vehicle, building, or secluded area is a crime of the second degree.

Pornography

  • N.J.S.A. 2C:24-4 b. (3) Causing or permitting a child to perform a sexual act or simulation that
    will be photographed, filmed or reconstructed on the Internet is a crime of the second degree. The same offense becomes a crime in the first degree if the parent or guardian of the child carries out the offense.
  • N.J.S.A. 2C:24-4 b. (4) A person who photographs or films a child in a prohibited sexual act or simulation or uses a computer to reproduce or reconstruct the material is guilty of a crime in the second degree.
  • N.J.S.A. 2C:24-4 b. (5) (a) A person who receives photographs, videotape, or computer
    file of a child in a prohibited sexual act or simulation for the purpose of selling, transferring, or delivering the material by any means, including the Internet, is guilty of a crime in the second degree.
  • N.J.S.A. 2C:24-4. A person who knowingly possesses or knowingly views any photograph,
    videotape, or computer file, including on the Internet, of a child in a prohibited sexual act or
    simulation, is guilty of a crime in the fourth degree.

Harassment / Bullying

  • N.J.S.A. 18A:37-15.1. “Electronic communication” shall be added to school districts’ harassment and bullying prevention policy.
  • N.J.S.A. 18A:37-15. 2. a. Each school district shall adopt a policy prohibiting harassment,
    intimidation or bullying by means of electronic communications on school property, at a
    school-sponsored function, or on a school bus.

New York

Solicitation

N.Y. Penal Law § 235.22. Disseminating indecent material to minors via computer
communication system and using such communication to invite or induce a minor for
sexual conduct or contact is a first degree class D felony.

Pornography

  • N.Y. Penal Code § 263.15. Promoting the sexual performance of a child under the age of
    17 is a class D felony.
  • N.Y. Penal Code § 263.16. Possessing or controlling any sexual performance by a child
    less than 16 years of age is a class D felony. Definition of “performance” includes a
    photograph or any other visual representation exhibited before an audience.

Harassment / Bullying

N.Y. Penal Law § 240.30. (b) Using electronic communication with intent to harass, annoy,
threaten, or alarm another person is aggravated harassment in the second degree, a class A
misdemeanor.

North Carolina

Solicitation

N.C. Gen. Stat. § 14-202.3. Soliciting, enticing, or coercing a child 16 years of age or younger
by computer to commit unlawful sexual acts is a class H felony if the defendant is at least
three years older than the victim. Offenses originating from the state or received in the
state are subject to the state’s jurisdiction.

Harassment / Bullying

N.C. Gen. Stat. § 14-277.3A. Stalking is a class 1A misdemeanor when a person willfully and on
more than one occasion harasses another person through telephone, electonic mail, or
other computerized transmsissions to knowingly torment or terrify a person.

Pennsylvania

Solicitation

18 Pa. C.S.A. § 6318 B6. (b.1) Using a computer to contact a minor, or a law enforcement officer posing as a child, for the purpose of engaging in lewdness, prostitution, obscene material and performance, sexual abuse, or sexual exploitation is a third degree felony

Pornography

  • 18 Pa. C.S.A. § 5903. (c) Disseminating explicit sexual materials to a person known to be a
    minor is a third degree felony.
  • 18 Pa. C.S.A. § 6312. (b) Photographing, videotaping, or depicting on a computer any
    prohibited sexual acts or simulations of a child younger than 18 years old is a second degree felony.
  • 18 Pa. C.S.A. § 6312. (c) Selling, distributing, disseminating, or displaying any book,
    photograph, film, or computer depiction of a child less than 18 years old in a prohibited
    sexual act or simulation is a third degree felony.
  • 18 Pa. C.S.A. § 6312. (d) Possession of any book, picture, magazine, photograph, film,
    computer depiction, or any other material containing a child younger than 18 years old in
    a prohibited sexual act or simulation, is a third degree felony.

Minors Cybercrime State Legislation: Open and Free Legal Research of US Law

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State opinions of the Attorney General (official written advisory opinions on issues of state law related to Minors Cybercrime State Legislation when formerly requested by a designated government officer):

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