Summary of the Introduced Bill

HB 756 -- Child Pornography

Co-Sponsors:  Jetton, Crowell, Hunter, Bearden

This bill creates the crime of failure to remove access to child
pornography, a class D felony.  A person commits the crime by
providing access to the Internet as an Internet service provider
and failing to remove access to child pornography via its service
within 15 days of being ordered to remove the child pornography
by the Attorney General.

County prosecutors will have concurrent jurisdiction with the
Attorney General to prosecute the crime.

The bill sets forth a process by which the Attorney General or
prosecutor must file an application with the court demonstrating
probable cause that the crime has been committed.  The court may
issue an ex parte order authorizing the removal of the child
pornography.  The Attorney General will then notify the Internet
service provider that the child pornography must be removed
within 15 days.

The Attorney General must file a report each year with the
General Assembly providing the number of notices issued and
prosecutions made for the offense.

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Last Updated July 25, 2003 at 10:12 am