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<section article="gcj" article_name="Courts and Judicial Proceedings" number="3-8A-35" title_number="3" title_name="Courts of General Jurisdiction -- Jurisdiction/special Causes of Action" subtitle_number="8A" subtitle_name="Juvenile Causes -- Children Other Than Cinas and Adults">
  <level label="a">
    <level label="1">
      <text>In this section, “sexting” means:</text>
      <level label="i">
        <text>The sending of a photograph, image, or video that depicts sexual conduct, as defined in § 11–101 of the Criminal Law Article, or sexual excitement, as defined in § 11–101 of the Criminal Law Article, of oneself to another or of oneself and the recipient by mobile telephone, computer, or other electronic or digital device; or</text>
      </level>
      <level label="ii">
        <text>The receipt and retention of a photograph, image, or video described in subparagraph (i) of this paragraph.</text>
      </level>
    </level>
    <level label="2">
      <text>“Sexting” does not include conduct described in paragraph (1) of this subsection if:</text>
      <level label="i">
        <text>The sender is more than 4 years older than the recipient;</text>
      </level>
      <level label="ii">
        <text>The recipient is more than 4 years older than the sender;</text>
      </level>
      <level label="iii">
        <text>The child did not consent to committing the conduct constituting the violation; or</text>
      </level>
      <level label="iv">
        <text>The child was coerced, threatened, or intimidated into committing the conduct constituting the violation.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>It is a mitigating factor in a proceeding against a child under this subtitle for a violation of § 11–203, § 11–207, or § 11–208 of the Criminal Law Article that the violation involved or arose out of sexting.</text>
  </level>
  <level label="c">
    <text>In making a disposition under § 3–8A–19 of this subtitle on a finding that the child committed a violation of § 11–203, § 11–207, or § 11–208 of the Criminal Law Article, the court:</text>
    <level label="1">
      <text>Shall take into consideration whether the mitigating factor described in subsection (b) of this section applies to the case;</text>
    </level>
    <level label="2">
      <text>May not make a disposition of community detention under § 3–8A–19(d)(1)(i) of this subtitle or a disposition under § 3–8A–19(d)(1)(ii) of this subtitle if the violation involved or arose out of sexting, unless the court finds and explains on the record, verbally and in writing, that extraordinary circumstances exist to warrant the disposition; and</text>
    </level>
    <level label="3">
      <text>May order a child whose violation involved or arose out of sexting to participate in an age–appropriate educational program on the risks and consequences of possessing, sending, displaying, and publishing photographs, images, and videos described in subsection (a) of this section.</text>
    </level>
  </level>
  <level label="d">
    <text>A child who is found by the court to have violated a provision of Title 11, Subtitle 2 of the Criminal Law Article is not subject to sex offender registration under Title 11, Subtitle 7 of the Criminal Procedure Article.</text>
  </level>
</section>
