HB 428 DE Became Law
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES RELATING TO CHILDREN.
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Summary
All too often, persons who produce or transmit images of partially nude children cannot be prosecuted under our current statutes because our current statutes only criminalize images of a child engaging in a sexual act or if the child is nude. This bill seeks to remedy this problem by adding “partial nudity” to the definition of “prohibited sexual act”. By doing so, this bill criminalizes the photographing or filming of a partially nude child as well as the production, publication, transmission, selling, distribution, and dissemination of photographs or images of partially nude children if the child in such image or photograph is scantily clothed, posed provocatively, or otherwise posed with the obvious intent to arose, and such image of photograph is intended for the purpose of sexual stimulation or gratification of any individual who may view such image or photograph. Under this bill, such crime would be a class D felony punishable by up to an 8-year jail sentence.
Sponsors (2)
- Valerie Longhurst · primary
- Nicole Poore Democratic · primary
27 coauthors / cosponsors
- Colin Bonini · cosponsor
- Darius J. Brown Democratic · cosponsor
- Bruce C. Ennis · cosponsor
- Kyle Evans Gay · cosponsor
- Stephanie L. Hansen Democratic · cosponsor
- Gerald W. Hocker Republican · cosponsor
- Dave G. Lawson Republican · cosponsor
- S. Elizabeth Lockman Democratic · cosponsor
- Ernesto B. Lopez · cosponsor
- Spiros Mantzavinos Democratic · cosponsor
- Trey Paradee Democratic · cosponsor
- Brian Pettyjohn Republican · cosponsor
- Marie Pinkney Democratic · cosponsor
- Bryant L. Richardson Republican · cosponsor
- David P. Sokola Democratic · cosponsor
- Laura V. Sturgeon Democratic · cosponsor
- Bryan Townsend Democratic · cosponsor
- John "Jack" Walsh Democratic · cosponsor
- David L. Wilson Republican · cosponsor
- Ruth Briggs King · cosponsor
- Debra Heffernan Democratic · cosponsor
- Kendra Johnson Democratic · cosponsor
- John L. Mitchell · cosponsor
- Edward S. Osienski Democratic · cosponsor
- Stephen Smyk · cosponsor
- Kimberly Williams Democratic · cosponsor
- Sarah McBride · cosponsor
Action history (8)
- May 17, 2022 Introduced and Assigned to Public Safety & Homeland Security Committee in House · lower
- Jun 7, 2022 Reported Out of Committee (Public Safety & Homeland Security) in House with 4 Favorable, 4 On Its Merits · lower
- Jun 28, 2022 Amendment HA 1 to HB 428 - Passed In House by Voice Vote · lower
- Jun 28, 2022 Passed By House. Votes: 41 YES · lower
- Jun 28, 2022 Assigned to Executive Committee in Senate · upper
- Jun 29, 2022 Reported Out of Committee (Executive) in Senate with 1 Favorable, 5 On Its Merits · upper
- Jun 29, 2022 Passed By Senate. Votes: 21 YES · upper
- Aug 19, 2022 Signed by Governor · executive
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