§ 13-21-1002. Computer Dissemination of Indecent Material to a Child – Prohibition

1. A person commits computer dissemination of indecent material to a child when:
   1. Knowing the character and content of the communication which, in whole or in part, depicts actual or simulated nudity, or sexual conduct, as defined in section 19-1-103, the person willfully uses a computer, computer network, telephone network, data network, or computer system allowing the input, output, examination, or transfer of computer data or computer programs from one computer to another or a text-messaging or instant-messaging system to initiate or engage in such communication with a person he or she believes to be a child; and
   2. By means of such communication the person importunes, invites, entices, or induces a person he or she believes to be a child to engage in sexual contact, sexual intrusion, or sexual penetration with the person, or to engage in a sexual performance or sexual conduct, as defined in section 19-1-103, for the person’s benefit.
2. Computer dissemination of indecent material to a child is prohibited. A person who violates the provisions of subsection (1) of this section shall be subject to a civil penalty as provided in section 13-21-1003.
3. It shall not be an affirmative defense in a civil action brought under this part 10 that the person the defendant believed to be a child in fact was not a child.

Source: L. 2003: Entire part added, p. 1879, § 1, effective July 1. L. 2009: (1)(a) amended, (HB 09-1132), ch. 341, p. 1792, § 1, effective July 1. L. 2021: (1) amended, (SB 21-059), ch. 136, p. 711, § 14, effective October 1.