Child pornography; solicitation, possession, or production thereof by a minor, penalty. (HB685)

Introduced By

Del. Jackson Miller (R-Manassas)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Solicitation, possession or production of child pornography by a minor.  Provides that a minor who, upon the facts, could be found guilty of a first offense of possession, production, publication or solicitation of child pornography, may have his case deferred and dismissed by the court. The offense is separate and distinct; if the acts or activities violating this law also violate another provision of law, a prosecution under this law shall not prohibit or bar any prosecution or proceeding under such other provision. The penalty for violation is a Class 3 misdemeanor. Read the Bill »


Bill Has Failed


01/12/2010Prefiled and ordered printed; offered 01/13/10 10102434D
01/12/2010Referred to Committee for Courts of Justice
01/19/2010Assigned Courts sub: Criminal
01/19/2010Assigned Courts sub: #5 Constitutional Law
01/28/2010Impact statement from DPB (HB685)
02/10/2010Subcommittee recommends continuing to 2011
02/12/2010Continued to 2011 in Courts of Justice


L.L. writes:

Although I support the intent of this bill, it is poorly crafted and will never pass as is. I presume that the intent is to avoid sex offender status for teens who are sexting or who otherwise possess an "obscene" photo of an underage peer. Unfortunately, this bill does not include a low-end age. As written, a 17 year old could orchestrate a sexual video of a 5 year old with only a Class 1 Misdemeanor. It should include that the "victim" is at least 13. That would make it more likely to pass.

On the other end, I'm concerned about those young adults who may engage in this behavior with an underage teen - think the 19 year old senior engaging in "sexting" with a 17 year old girlfriend or boyfriend. In high schools, we have kids ranging from 13-19 and the law needs to accept peer relationships in that context.

My ideal bill would include a bottom age as well as either an upper age or an age difference (less than 5-6 years, maybe?). We also need to remember that a 13 year old freshman could send an unsolicited photo to an adult who then becomes the sex offender! The recipient of unsolicited "child porn" should not be held accountable.

We need to address this issue, but this bill needs work to even come close.