This amendment expands the bill to cover communication with 'purported minors,' clarifies penalties to include both imprisonment and fines, establishes an independent civil cause of action with expanded standing, and adds an exception for consensual romantic relationships between adults and minors with a narrow age difference.
- Expands the definition of prohibited conduct to include communication with a 'purported minor' (someone reasonably believed to be a minor, whether or not they actually are), in two locations where the statute references minors. (Page 2, line 3 and Page 4, line 13)
- Adds a qualification to the second element of the sexual communication offense, making clear that the exception in new subsection (h) applies to the age differential requirement. (Page 4, lines 21-22)
- Changes penalty language to clarify that sentences for first, second, and third or subsequent offenses include both imprisonment and fine options, rather than only maximum fine amounts. (Page 5, lines 14, 18, and 23)
- Expands the scope of the civil cause of action to allow victims, parents, and legal guardians to sue independently of criminal proceedings and without requiring a criminal conviction, and clarifies that minors can bring actions themselves upon reaching majority. (Page 6, lines 10-28)
- Adds a new exception to the prohibition that allows consensual communication between an adult and a minor who is no more than four years younger, provided the communication does not involve coercion, exploitation, or manipulation and occurs within a consensual dating or romantic relationship context. (Page 6, after line 18 (new subsection h))
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