Bill Text: HI SB2222 | 2012 | Regular Session | Amended

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Bill Title: Sexual Images Produced by Minors

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-07-06 - (S) Act 213, 7/3/2012 (Gov. Msg. No. 1316). [SB2222 Detail]

Download: Hawaii-2012-SB2222-Amended.html

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CONFERENCE COMMITTEE REP. NO. 25-12

 

Honolulu, Hawaii

                 , 2012

 

RE:    S.B. No. 2222

       S.D. 2

       H.D. 1

       C.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sirs:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2222, S.D. 2, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO SEXUAL IMAGES PRODUCED BY MINORS,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to address the problem of "sexting", which involves minors taking nude pictures and videos of themselves or other minors, and transmitting the nude images to others by use of a cell phone or other form of electronic communication, by prohibiting:

 

     (1)  Adults from soliciting minors to electronically transmit nude images of minors;

 

     (2)  Minors from electronically transmitting nude images of themselves or other minors, or soliciting other minors to do so; and

 

     (3)  A person from possessing a nude image transmitted by a minor, but making it an affirmative defense that the recipient made reasonable efforts to destroy the transmitted nude image.

 

     Your Committee on Conference finds that the electronic transmission of youth-produced sexual pictures and videos, frequently referred to as "sexting", is a growing problem, particularly because the images can be shared with many people almost instantaneously.  Once transmitted, the original transmitter has very limited ability to control or prevent further dissemination.  Your Committee on Conference further finds that the images may be used as a commodity for exchange, and the threatened dissemination of these images may be used as leverage against the subject to force the subject to engage in behaviors that may cause embarrassment, at minimum, and possible mental or emotional harm.

 

     Your Committee on Conference also notes concerns regarding the severity of the penalties under this measure and has amended this measure accordingly by:

 

     (1)  Reducing the offense of promoting minor-produced sexual images in the first degree to a misdemeanor;

 

     (2)  Reducing the offense of promoting minor-produced sexual images in the second degree to a petty misdemeanor; and

 

     (3)  Inserting an effective date of upon approval.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2222, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2222, S.D. 2, H.D. 1, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

 

____________________________ JOHN M. MIZUNO, Co-Chair		____________________________ CAROL FUKUNAGA, Chair
____________________________ GILBERT KEITH-AGARAN, Co-Chair		____________________________ CLAYTON HEE, Co-Chair