HB 769

This bill creates offense s for a person to knowingly possess, distribute, or produce technology, software, or digital tools designed for the purpos e of creating material that includes a minor engaged in sexual activit y or s imulated sexual activity that is patently offensive. This bill provides the following classifications for such offenses:  Possession of technology, software, or digital tools in violation of this bill is a Class E felony , punishable by a term of imprisonment not less than one year nor more than six years. In addition, the jury may assess a fine not to exceed $3,000 .  Distribution of technology, software, or digital tools in violation of this bill is a Class C felony , punishable by a term of imprisonment not less than two years nor more than 12 years. In addition, the jury may assess a fine not to exceed $5,000 .  Production of technology, software, or digital tools in violation of this bill is a Class B felony , punishable by a term of imprisonment not less than three years nor more than 15 years. In addition, the jury may assess a fine not to exceed $10,000 . In determining whether technology, software, or digital tools are desig ned for the purpose of creating material that includes a minor engaged in sexual activity or simulated sexual activity that is patently offensive, this bill requires the court or other authority making that determinatio n , in addition to all other logically relevant factors, to consider all of the following:  Statements by the defendant concerning its use .  The existence of material that includes a minor engaged in sexual activity or simulated sexual activity that is patently offensive in the defendant's possession .  Instructions, oral or written, provided with the technology, software, or digital tools concerning its use .  Descriptive materials accompanying the technology, software, or digital tools that explain or depict its use .  The manner in which the technology, software, or digital tools were advertised or offered when obtained by the defendant .  The existence and scope of legitimate uses for the technology, software, or digital tools in the community .  Expert testimony concerning use of the technology, software, or digital tools.