SB 2465

I f a juvenile 14 or older is adjudicated delinquent for conduct that, if committed by an adult, would constitute a threat of mass violence on school property or at a school-related activity and could lead to the imminent serious bodily injury or death of four or more people, then present law requires the court to prohibit the juvenile from purchasing or possessing a firearm , or obtaining a license to carry a firearm, until the juvenile reaches 25. Unless a court has reinstated the person's right to posses s a firearm , a violation of this offense is a Class A misdemeanor, punishable by up to 11 months, 29 days in prison, a fine up to $2,500, or both. Additionally, a person appropriately licensed by the federal government to stock and sell firearms is prohibited from selling firearms to such juveniles. This bill removes these provisions. FIREARM SELLERS Present law prohibits persons appropriately licensed by the federal government to stock and sell firearms to certain individuals. This bill adds that such sellers are prohibited from selling firearms to anyone that is ineligible to possess a firearm pursuant to any court order or under any law of this state. SEXUAL EXPLOITATION OF A MINOR Present law provides that i t is unlawful for a person to knowingly possess material that includes a minor engaged i n s exual activity or s imulated sexual activity that is patently offensive. Generally, a violation is a Class D felony , punishable by two to 12 years in prison and a fine up to $5,000. H owever, if the number of individual images, materials, or combination of images and materials, that are possessed is more than 50 , then the offense is a Class C felony , punishable by three to 15 years in priso n and a fine up to $10,000. If such number exceeds 100, then the offense is a Class B felony , punishable by eight to 30 years in prison and a fine up to $25,000. This bill removes these penalty classifications and provides, instead, that, generally, a violation is a Class C felony . H owever, if the number of individual images, materials, or combination of images and materials, that are possessed is more than 50, then the offense is a Class B felony. If such number exceeds 100, then the offense is a Class A felony , punishable by 15 to 60 years in prison and a fine up to $50,000 . AGGRAVATED SEXUAL EXPLOITATION OF A MINOR It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase , or exchange material, or possess with the intent ion to do the same , that includes a minor engaged in s exual activity or s imulated sexual activity that is patently offensive. A violation is a Class C felony. H owever, if the number of individual images, materials, or combination of images and materials that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to do the same , is m ore than 25, then the offense is a Class B felony. This bill removes the above penalty classifications and provides, instead, that, generally, a violation is a Class B felony . Ho wever, if the number of individual images, materials, or combination of images and materials that are promoted, sold, distributed, transported, purchased, exchanged, or possessed, with intent to promote, sell, distribute, transport, purchase, or exchange, is more than 25, then the offense is a Class A felony. ESPECIALLY AGGRAVATED SEXUAL EXPLOITATION OF A MINOR Present law provides that i t is unlawful for a person to knowingly promote, employ, use, assist, transport , or permit a minor to participate in the performance of, or in the production of, acts or material that includes the minor engaging i n s exual activit y or s imulated sexual activity that is patently offensive. A violation of this offense is a Class B felony. This bill raises the offense classification to a Class A felony .