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HomeMy WebLinkAbout14. 18-127 FEBRUARY 27, 2018 MARCH 13, 2018 18-109 18-127 ORDINANCE FIRST READING SECOND READING (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: ADOPT ORDINANCE TO PROHIBIT SEXTING BY MINORS INITIATED BY: OSHKOSH POLICE DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 17-17.1 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO SEXTING PROHIBITED WHEREAS, the Oshkosh Police Department together with other law enforcement agencies throughout Winnebago County have worked together to address the issue of sexting by minors and are recommending creation of an educational program as a diversionary program for juvenile offenders and the adoption of local ordinances to allow minors to be cited through municipal ordinance as opposed to the filing of criminal charges; and The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 17-17.1 of the Oshkosh Municipal Code pertaining to the Sexting Prohibited is hereby created as follows: (See attached Exhibit—Section 17-17.1 Sexting Prohibited) SECTION 2. That Section 17-47(k)of the Oshkosh Municipal Code pertaining to the Penalty for Sexting Prohibited is hereby created as follows: (k) A forfeiture of not less than two hundred Dollars ($200.00) for a violation of any of the following: Section 17-17.1 FEBRUARY 27, 2018 MARCH 13, 2018 18-109 18-127 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 3. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 4. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #18-127 ADOPT ORDINANCE TO PROHIBIT SEXTING BY MINORS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 17-17.1 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO SEXTING PROHIBITED) on March 13, 2018. The ordinance creates a municipal ordinance violation for the first offenses of sexting by minors prohibiting the solicitation, possession or transmission of electronic transmissions containing nudity, sexual conduct, or sexual excitement that are harmful to minors and establishes a two hundred dollar forfeiture for violation of the ordinance by a minor. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011. W i �R I- *�.J Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Dean Smith, Chief of Police DATE: February 15, 2018 RE: City Ordinance Prohibiting Sexting by Juveniles BACKGROUND Law enforcement agencies in Winnebago County have identified an ongoing issue related to juveniles who are engaging in sexting with electronic devices. Currently the only recourse available to law enforcement is to charge a person criminally. This ordinance will provide an additional options for officers when investigating these types of offenses involving juvenile offenders. ANALYSIS With the advent of new technology as well as emerging social media platforms, juveniles are using electronic devices to transmit sexually explicit material to one another without understanding the consequences associated with this. Currently, a juvenile who is investigated for participating in this type of behavior is subject to only one remedy. Law Enforcement are only able to charge a juvenile with a criminal offense which can range from Disorderly Conduct with an electronic device to Possession and/or Distribution of Child Pornography. Both are criminal offenses with the latter being a class I felony punishable with up to a 3 years and 6 months confinement and/or a $10,000 fine. In an effort to provide an alternative to this, the Chiefs of Police in Winnebago County as well as the Sheriff have been working to adopt an alternative to this which includes an ordinance violation as well as a diversion program to educate juveniles on the danger of this type of activity. The diversion program will be administered through Winnebago County and will be assisted by the District Attorney's Office. This ordinance and diversion program would be available only to a first offender who is a juvenile. FISCAL IMPACT There is no fiscal impact. Costs associated with the program will be absorbed by the County and the participants would be required to pay a participation fee. RECOMMENDATION I recommend the Council adopt the proposed ordinance prohibiting Sexting by a Juvenile. Respectfully ieaSmithb *tted, ea Smith, Chief of Police Approved: /yam-----��-- Mark ((A. Rohloff, City Manager SECTION 17-17.1 SEXTING PROHIBITED (A) DEFINITIONS. As used in this section, the following terms shall have the meanings indicated: (1) "Minor" means any person under the age of 18 years. (2) "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. A mother's breastfeeding of her baby does not under any circumstance constitute "nudity", irrespective of whether or not the nipple is coved during or incidental to feeding. (3) "Harmful to Minors" means any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it: (1) Predominantly appeals to a prurient, shameful, or morbid interest; (2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and (3) Taken as a whole, is without serious literary, artistic, political, or scientific value for minors. (B) A minor commits the offense of Sexting by knowingly: (1) Transmission: Using any device capable of electronic data transmission to transmit to another minor any image or recording of nudity that is harmful to minors. (2) Possession: Possessing an image or recording that was transmitted or distributed by another minor that depicts nudity that is harmful to minors. (a) A minor does not violate this paragraph if all of the following apply: 1. The minor did not solicit the photograph or video. 2. The minor took reasonable steps to report the photograph or video to school or law enforcement official. 3. The minor did not re -transmit the image or recording to a third party other than law enforcement official. (3) Solicitation: Solicits the transmission or distribution of any image or recording that would itself be prohibited by this ordinance. (C) Application of Ordinance to First Offenses only. No person shall be cited under the provisions of this Section who has previously been convicted under this Ordinance, has been charged under a state statute prohibiting the same or similar conduct, or who has completed an educational course in lieu of citation or criminal charges.