CHAPTER 480

FORMERLY

SENATE BILL NO. 386

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES, CERTAIN SEX CRIMES COMMITTED AGAINST CHILDREN AND CHILD PORNOGRAPHY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Section 1103(e) of Title 11 of the Delaware Code by adding immediately after the phrase “age or less.” as it appears in said subsection the following:

“For the purposes of §§ 1108, 1109, 1110, 1111 and 1112A of this Title, “child” shall also mean any individual who is intended by the defendant to appear to be 14 years of age or less.”.

Section 2. Amend Section 1103(f)(10) of Title 11 of the Delaware Code by striking the punctuation “.” which appears at the end of said paragraph, and by substituting in lieu thereof the punctuation “;”.

Section 3. Amend Section 1103(f) of Title 11 of the Delaware Code by adding two new paragraphs to said subsection to be designated as paragraphs “(11)” and “(12)”, to read as follows:

“(11) Lascivious exhibition of the genitals or pubic area of any child;

(12) Any other act which is intended to be a depiction or simulation of any act described in this subsection.”.

Section 4. Amend Section 1103 of Title 11 of the Delaware Code by adding a new subsection to said section, to be designated as subsection “(g),” to read as follows:

“(g) “Visual depiction” includes, but is not limited to:

(1) any image which is recorded, stored or contained on or by developed or undeveloped photographic film, motion picture film or videotape; or

(2) data which is stored or transmitted on or by any computer, or on or by any digital storage medium or by any other electronic means which is capable of conversion into a visual image; or

(3) any picture, or computer-generated image or picture, or any other image whether made, stored or produced by electronic, digital, mechanical or other means.”.

Section 5. Amend Section 1108(1) of Title 11 of the Delaware Code by inserting between the phrases “The person” and “photographs or films” as they appear in said subsection the word “knowingly,” and by inserting between the phrases “such an act” and “; or” as they appear therein the following:

“, or otherwise knowingly creates a visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act”.

Section 6. Amend Section 1108(2) of Title 11 of the Delaware Code by inserting between the phrases “The person” and “finances or produces” as they appear in said subsection the word “knowingly”, and by striking the phrase “any motion picture which depicts” as it appears in said subsection, and by substituting in lieu thereof the phrase “any motion picture, video or other visual depiction of”.

Section 7. Amend Section 1108(3) of Title 11 of the Delaware Code by striking said subsection in its entirety, and by inserting in lieu thereof the following:

“(3) The person knowingly publishes or makes available for public distribution or sale by any means, including but not limited to computer, any book, magazine, periodical, pamphlet, photograph, Internet site or web page which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, or knowingly publishes or makes available for public distribution or sale by any means, including computer, any other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or”.

Section 8. Amend Section 1109 of Title 11 of the Delaware Code by striking the phrase “material depicting a child engaging in a prohibited sexual act” as it appears in the catchline thereof, and by substituting in lieu thereof the phrase “child pornography”.

Section 9. Amend Section 1109 of Title 11 of the Delaware Code by striking the phrase “material depicting a child engaging in a prohibited sexual act” as it appears variously therein, and by substituting in lieu thereof the phrase “child pornography”.

Section 10. Amend Section 1109(1) of Title 11 of the Delaware Code by striking said subsection in its entirety, and by substituting in lieu thereof the following:

“(1) The person knowingly ships, transmits, mails or transports by any means, including by computer or any other electronic or digital method, any “book, magazine, periodical, pamphlet, video, or film depicting a child engaging in a prohibited sexual act or in the simulation of such an act, or knowingly ships, transmits, mails or transports by any means, including by computer or any other electronic or digital method, any other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or”.

Section 11. Amend Section 1109(2) of Title 11 of the Delaware Code by inserting between the phrases “such an act” and “; or” as they appear in said subsection the following:

“, or knowingly receives for the purpose of selling or sells any other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act”.

Section 12. Amend Section 1109(3) of Title 11 of the Delaware Code by striking the phrase “shows or viewings, any motion picture which shows “ as it appears in said subsection, and by substituting in lieu thereof the following:

“computer or any other electronic or digital method, or by shows or viewings, any motion picture, video or other visual depiction of”.

Section 13. Amend Section 1109(4) of Title 11 of the Delaware Code by striking the phrase “or data which depicts” as it appears variously in said subsection, and by substituting in lieu thereof the phrase “,data or other visual depiction of”.

Section 14. Amend Section 1109 of Title 11 of the Delaware Code by adding a new subsection to said section, to read as follows:

“(5) The person knowingly advertises, promotes, presents, describes, transmits or distributes any visual depiction, exhibition, display or performance with intent to create or convey the impression that such visual depiction, exhibition, display or performance is or contains a depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or”

Section 15. Amend Section 1111 of Title 11 of the Delaware Code by striking said section in its entirety, and by substituting in lieu thereof the following:

§1111. Possession of Child Pornography; class F felony.”

“A person is guilty of possession of child pornography when:

(1) the person knowingly possesses any visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act:, or

(2) the person knowingly possesses any visual depiction which has been created, adapted, modified or edited so as to appear that a child is engaging in a prohibited sexual act or in the simulation of such an act.

Possession of child pornography is a class F felony.”

Section 16. Amend Section 4121(e)(2)a. of Title 11 of the Delaware Code by striking the phrase “Unlawfully Dealing in Material Depicting a Child Engaging in a Prohibited Sexual Act” as it appears therein, and by substituting in lieu thereof the phrase “Unlawfully Dealing in Child Pornography”.

Section 17. Amend Section 4201(c) of Title 11 of the Delaware Code by striking the phrase “Unlawfully Dealing in Material Depicting a Child” as it appears in said subsection, and by substituting in lieu thereof the phrase “Unlawfully Dealing in Child Pornography”.

Approved July 26, 2000