The Judiciary Committee proposes the following Amendment No. 1 to H. 3130 (COUNCIL\MS\7712AHB12):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/      SECTION      1.      Article 23, Chapter 19, Title 63 of the 1976 Code is amended by adding:

     "Section 63-19-2470.      (A)      It is unlawful for a child who is less than seventeen years of age to use a telecommunications device to knowingly transmit or distribute to another person a photograph or text message with a photograph attachment depicting a person who is less than eighteen years of age in a state of sexual activity or a state of sexually explicit nudity as defined by Section 16-15-375(5) or (6).
     (B)      A child less than seventeen years of age does not knowingly transmit or distribute the material by reporting the matter to a law enforcement agency, teacher, principal, or parent or by affording a law enforcement agency, teacher, principal, or parent access to the image.
     (C)      A child adjudicated delinquent for this offense may only be sentenced to a fine and this fine may not exceed one hundred dollars. The fine is subject to applicable court costs.
     (D)      A child who violates the provisions of this statute shall not be taken into custody, arrested, placed in jail or in any other secure facility, committed to the custody of the Department of Juvenile Justice, or found to be in contempt of court for a violation of this section or for failure to pay a fine.
     (E)      A child less than seventeen years of age who violates the provisions of this statute shall not be prosecuted under Sections 16-15-305, 16-15-325, 16-15-345, 16-15-405, or 16-15-410 unless, upon motion by the solicitor, the family court determines in its discretion to be in the interest of justice for the child to be prosecuted under Sections 16-15-305, 16-15-325, 16-15-345, 16-15-405, or 16-15-410.
     (F)      A child less than seventeen years of age who receives or possesses a photograph transmitted by a telecommunications device or text message with a photograph attachment depicting a person who is less than eighteen years of age in a state of sexual activity or a state of sexually explicit nudity as defined by Section 16-15-375(5) or (6) shall not be prosecuted under Sections 16-15-305, 16-15-325, 16-15-345, 16-15-405, or 16-15-410 unless, upon motion by the solicitor, the family court determines in its discretion to be in the interest of justice for the child to be prosecuted under Sections 16-15-305, 16-15-325, 16-15-345, 16-15-405, or 16-15-410."/

SECTION      2.      This act takes effect upon approval by the Governor. /

Renumber sections to conform.
Amend title to conform.