Sexually explicit images; electronic transmission by minors, penalty. (HB1260)

Introduced By

Sen. Scott Surovell (D-Mount Vernon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Electronic transmission of sexually explicit images by minors; penalty. Read the Bill »


Bill Has Failed


01/17/2014Presented and ordered printed 14104173D
01/17/2014Referred to Committee for Courts of Justice
01/20/2014Impact statement from VCSC (HB1260)
01/21/2014Assigned Courts sub: Criminal Law
01/29/2014Impact statement from DPB (HB1260)
01/29/2014Subcommittee recommends laying on the table
02/12/2014Left in Courts of Justice


Mary Devoy writes:

This bill would have fixed the current issue of Teen Sexting being treated like Child Pornography by our courts.

An issue I have been raising to the Virginia Crime Commission and the Virginia Legislature since 2009.
Crime Panel Refuses to Call for Measure to Curb Sexting, December 16, 2009:

In 2010-HB685 there was a bill to address Teen Sexting but the House Criminal Sub-Committee stopped it.

On January 29, 2014 the House Criminal Sub-Committee halted 2014-HB1260 from moving forwarded.

One day later, on January 30, 2014 a 16 year old Charles City County Virginia female posted nude photos of herself on Twitter and emailed the images to male acquaintances.

Per the below articles she has been charged with Production and Distribution of Child Pornography. As a juvenile if she is found guilty of this felony she will NOT be forced to register as a Sex Offender IF she follows all court-order requirements of probation.

The issue of the males she sent those unsolicited images to is still undetermined.
Will they be charged with receiving the images that by law constitute Child Pornography?

Are they also juveniles or did they recently turn 18 years old? IF they did then they will be required to register as Sex Offenders, for life.

A 16 year old female took photos of herself under no threat, intimidation, force, suggestion or financial promise. She then sent those images out into the universe to unsuspecting young men who may face criminal charges, prison time, public humiliation, the inability to ever shake a felony conviction and possibly the public stigma of Sexual Deviant and lifetime monitoring by the State.


Because Virginia’s Legislature refuses to separate real child pornography and the criminal penalties that come with such vial abuse of children and the actions of teenagers who have Internet access, telephones with cameras and typical hormones and feelings of being accepted by ones peers.

The two situations have nothing to do with each other but under our laws they are one in the same.

The “tabling” of HB1260 on January 29 is shameful. Elected Virginia officials took NO vote, submitted NO substitutes or even ONE amendment……just killed the bill.

This issue could have been fixed during this year’s session (maybe not in time to assist the James City female and the recipients of her images) but instead they chose not to take any steps forward, the majority of the House Courts of Justice Criminal Sub--Committee hunkered-down in their insistence that Virginia doesn’t need to look at Teen Sexting being a felony, being treated as child pornography or carrying a lifetime label of Sex Offender.

Virginia is failing our teens and young adults by inaction and willful ignorance.

In James City 'sexting' case, the wrong call, February 12, 2014
James City sexting case reveals need for legal discretion and education

James City teen's tweet a criminal act or poor judgement? February 11, 2014
Teen's nude selfie sparks debate on porn charge,0,554069.story

Virginia Teen Girl Accused Of Posting Nude Selfies, Arrested For Child Porn, February 6, 2014