COMMITTEE ON EDUCATION, YOUTH AND CULTURE

BILL NO. 28-0008 Twenty-Eight Legislature of the Virgin Islands

March 3, 2009

An Act amending title 14 V.I.C, relating to the prevention of pornography and exploitation of children PROPOSED BY:

Senator Louis Patrick Hill Co-Sponsors: Craig Barshinger, Nellie Riveria-O’Reilly, Usie R. Richards, Patrick Simeon Sprauve, Michael Thurland and Celestino A. White, Sr.

Be it enacted by the Legislature of the Virgin Islands: 1

SECTION 1. Title 14 Virgin Islands Code, is amended by adding chapter 23A to 2

read as follows: 3

§ 487 This chapter may be cited as “The Computer Pornography and Child 4

Exploitation Prevention Act”. 5

§ 488 (a)(1) It is unlawful for any person knowingly to employ, use, persuade, 6

induce, entice, or coerce any minor to engage in or assist any other person to engage in any 7

sexually explicit conduct for the purpose of producing any visual medium depicting such 8

conduct. 9

(2) It is unlawful for any parent, legal guardian, or person having custody or 10

control of a minor knowingly to permit the minor to engage in or to assist any other person to 11

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engage in sexually explicit conduct for the purpose of producing any visual medium 1

depicting such conduct. 2

(3) It is unlawful for any person knowingly to employ, use, persuade, induce, 3

entice, or coerce any minor to engage in or assist any other person to engage in any sexually 4

explicit conduct for the purpose of any performance. 5

(4) It is unlawful for any parent, legal guardian, or person having custody or 6

control of a minor knowingly to permit the minor to engage in or to assist any another person 7

to engage in sexually explicit conduct for the purpose of any performance. 8

(5) It is unlawful for any person knowingly to create, reproduce, publish, 9

promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual 10

medium that depicts a minor or a portion of a minor’s body engaged in any sexually explicit 11

conduct. 12

(6) It is unlawful for any person knowingly to advertise, sell, purchase, barter, or 13

exchange any medium which provides information as to where any visual medium which 14

depicts a minor or a portion of a minor’s body engaged in any sexually explicit conduct can 15

be found or purchased. 16

(7) It is unlawful for any person knowingly to bring or cause to be brought into 17

the Virgin Islands any material that depicts a minor or a portion of a minor’s body engaged in 18

any sexually explicit conduct. 19

(8) It is unlawful for any person knowingly to possess or control any material that 20

depicts a minor or a portion of a minor’s body engaged in any sexually explicit conduct." 21

Any person who violates the provision of this section is guilty of a felony and punishable 22

upon conviction, by imprisonment for not less than five years or more than 20 years and by a 23

fine of not more than $100,000. If, however, the person so convicted is a member of the 24

immediate family of the victim, no fine may be imposed. 25

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§ 489 (a) As used in this section, the term: 1

(1) ‘Minor’ means any person under the age of 16 years. 2

(2) ‘Identifiable child’ means an individual: 3

(A) Who was a minor at the time the visual depiction was created, 4

adapted, or modified or whose image as a minor was used in creating, 5

adapting, or modifying the visual depiction; and 6

(B) Who is recognizable as an actual person by the person’s face, 7

likeness, or other distinguishing characteristic, such as a unique birthmark or 8

other recognizable feature or by electronic or scientific means as may be 9

available. 10

(C) The term may not be construed to require proof of the actual 11

identity of the minor. 12

(3) ‘Visual depiction’ means any image and includes undeveloped film 13

and video tape and data stored on computer disk or by electronic means which is 14

capable of conversion into a visual image or which has been created, adapted, or 15

modified to show an identifiable minor engaged in sexually explicit conduct. 16

(4) ‘Sexually explicit conduct’ means actual or simulated: 17

(A) Sexual intercourse; 18

(B) Deviate sexual activity; 19

(C) Bestiality; 20

(D) Masturbation; 21

(E) Sadomasochistic abuse for the purpose of sexual stimulation; 22

or 23

(F) Lewd exhibition of the: 24

(i) Genitals or pubic area of any person; or 25

(ii) Breast of a female 26

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(b) (1) A person commits the offense of computer pornography if the person 1

intentionally or willfully: 2

(A) Compiles, enters into, or transmits by means of computer; 3

(B) Makes, prints, publishes, or reproduces by other computerized 4

means; 5

(C) Causes or allows to be entered into or transmitted by means of 6

computer; or 7

(D) Buys, sells, receives, exchanges, or disseminates any notice, 8

statement, or advertisement, or any minor’s name, telephone number, place of 9

residence, physical characteristics, or other descriptive or identifying 10

information for the purpose of offering or soliciting sexual conduct of or with 11

a minor or the visual depiction of such conduct. 12

(2) Any person convicted of violating this chapter shall be punished by a fine of 13

not more than $10,000 or by imprisonment for not less than one or more than 20 years, or by 14

both such fine and imprisonment. 15

§ 490 (a) It is unlawful for any person intentionally or willfully to use a computer on-16

line service, or Internet service, including a local bulletin board service, Internet chat room, 17

e-mail, or on-line messaging service to seduce, solicit, lure, or entice, or attempt to seduce, 18

solicit, lure, or entice a minor or another person believed by such person to be a minor, to 19

commit any illegal act described in sections, 488, 489 and 490 of this chapter or to engage in 20

any conduct that by its nature is an unlawful sexual offense against a minor. 21

(b) A person commits the offense of obscene Internet contact with a minor if the 22

person has contact with someone the person knows to be a minor or with someone the person 23

believes to be a minor via a computer on-line service or Internet service, including a local 24

bulletin board service, Internet chat room, e-mail, or on-line messaging service, and the 25

contact involves any matter containing explicit verbal descriptions or narrative accounts of 26

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sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that is 1

intended to arouse or satisfy the sexual desire of either the minor or the person, except that no 2

conviction may be had for a violation of this subsection on the unsupported testimony of a 3

minor. 4

(c) (1) It is unlawful for any owner or operator of a computer on-line service, Internet 5

service, or local bulletin board service intentionally or willfully to permit a subscriber to use 6

the service to commit a violation of this section, knowing that the person intended to use the 7

service to violate this section. No owner or operator of a public computer on-line service, 8

internet service, or local bulletin board service may be held liable on account of any action 9

taken in good faith in providing the aforementioned services. 10

(2) Any person who violates paragraph (1) of this subsection is being 11

guilty of a misdemeanor. 12

(3) The sole fact that an undercover operative or law enforcement officer 13

was involved in the detection and investigation of an offense under this chapter does 14

not constitute a defense to prosecution under this section. 15

(4) A person is subject to prosecution in the Virgin Island pursuant to the 16

Revised Organic Act of the Virgin Islands section 21 (b) relating to jurisdiction over 17

crimes and persons charged with commission of crimes generally, for any conduct 18

made unlawful by this section which the person engages in while either within or 19

outside of the Virgin Islands if, by such conduct, the person commits a violation of 20

this section which involves a minor who resides in the Virgin Islands or another 21

person believed by such person to be a minor residing in the virgin Islands. 22

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BILL SUMMARY 24

This Act seeks to protect children from sexual exploitation through the reproduction 25

or production of videos using minors and from the exploitation of minors on the internet. 26

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Section 488 makes it illegal for any person including a family member to videotape a minor 1

in a sexually explicit position and make such tape available to others. The penalties for such 2

infractions are a fine of $100,000 and imprisonment up to 20 years. 3

In section 489, computer pornography is prohibited. Under this section any use of the 4

computer to transmit or reproduce pornographic material involving minors is prohibited. 5

Section 490 penalizes chat rooms and Internet cafes that knowingly allow an adult to 6

engage in prohibited conduct with a minor via the net. 7

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BR 09-0093/January 28, 2009 9

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