0001| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
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0002| SENATE BILL 127
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0003| 43rd legislature - STATE OF NEW MEXICO - second session, 1998
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO SEXUALLY ORIENTED MATERIAL HARMFUL TO MINORS;
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0013| INCLUDING COMPUTER COMMUNICATIONS; CREATING CRIMES; PROVIDING
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0014| PENALTIES.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. A new section of Chapter 30, Article 37 NMSA
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0018| 1978 is enacted to read:
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0019| "[NEW MATERIAL] DISSEMINATION OF MATERIAL THAT IS HARMFUL
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0020| TO A MINOR BY COMPUTER--CHILD LURING.--
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0021| A. Dissemination of material that is harmful to a
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0022| minor by computer consists of the use of a computer
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0023| communications system that allows the input, output,
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0024| examination or transfer of computer data or computer programs
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0025| from one computer to another, to knowingly and intentionally
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- 1 -0001| initiate or engage in communication with a person under
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0002| eighteen years of age when such communication in whole or in
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0003| part depicts actual or simulated nudity, sexual intercourse or
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0004| any other sexual conduct. Whoever commits dissemination of
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0005| material that is harmful to a minor by computer is guilty of a
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0006| misdemeanor.
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0007| B. Child luring consists of a person knowingly and
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0008| intentionally inducing a child under sixteen years of age, by
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0009| means of computer, to engage in sexual intercourse, sexual
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0010| conduct or in a sexual or obscene performance, or to engage in
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0011| any other sexual conduct when the perpetrator is at least
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0012| three years older than the child. Whoever commits child
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0013| luring is guilty of a fourth degree felony.
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0014| C. In a prosecution for dissemination of material
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0015| that is harmful to a minor by computer, it is a defense that
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0016| the defendant has:
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0017| (1) in good faith taken reasonable, effective
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0018| and appropriate actions under the circumstances to restrict or
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0019| prevent access by minors to indecent materials on computer,
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0020| including any method that is feasible with available
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0021| technology;
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0022| (2) restricted access to indecent materials
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0023| by requiring the use of a verified credit card, debit account,
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0024| adult access code or adult personal identification number; or
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0025| (3) in good faith established a mechanism
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- 2 -0001| such as labeling, segregation or other means that enables the
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0002| indecent material to be automatically blocked or screened by
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0003| software or other capability reasonably available to persons who
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0004| wish to effect such blocking or screening and the defendant has
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0005| not otherwise solicited a minor not subject to such screening or
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0006| blocking capabilities to access the indecent material or to
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0007| circumvent the screening or blocking.
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0008| D. In a prosecution for dissemination of material
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0009| that is harmful to a minor by computer, a person shall not be
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0010| held to have violated the provisions of this section solely for
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0011| providing access or connection to or from a facility, system or
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0012| network not under the person's control, including transmission,
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0013| downloading, intermediate storage, access software or other
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0014| related capabilities that are incidental to providing access or
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0015| connection and that do not include the creation of the content of
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0016| the communication.
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0017| E. The limitations provided by Subsection D of this
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0018| section shall not be applicable to a person who is a conspirator
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0019| with an entity actively involved in the creation or knowing
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0020| dissemination of indecent material by computer or who knowingly
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0021| advertises the availability of indecent material by computer.
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0022| The limitations provided by Subsection D of this section shall
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0023| not be applicable to a person who provides access or connection
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0024| to a facility, system or network that disseminates indecent
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0025| material by computer that is owned or controlled by him.
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- 3 -0001| F. No employer shall be held liable for the actions
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0002| of an employee or agent unless the employee's or agent's conduct
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0003| is within the scope of his employment or agency and the employer,
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0004| having knowledge of such conduct, authorizes or ratifies the
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0005| conduct or recklessly disregards the conduct."
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0006| Section 2. EFFECTIVE DATE.--The effective date of the
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0007| provisions of this act is July 1, 1998.
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