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ORDINANCE 1449 CHANGES TO §9.47 OF THE MUNICIPAL CODE TO PROHIBIT SEXTING 1. Definitions a. “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 covered during or incidental to feeding. This section applies to representative, virtual, purported, modified, or manipulated images reasonably representing or purporting to represent a human being. b. “Harmful to Minors” means any reproduction, imitation, characterization, description, exhibition, presentation or representation, of whatever kind of form, depicting nudity, sexual conduct, or sexual excitement when it: 1) Predominately appeals to 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. c. “Minor” means any person under the age of 18 years. 2. A minor commits the offense of sexting if he or she knowingly: a. Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity, as defined above, and is harmful to minors, as defined above. b. Possesses a photograph or video of any person that was transmitted or distributed by another minor who depicts nudity, as defined above, and is harmful to minors, as defined above. 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 a school or law enforcement official. 3) The minor did not transmit or distribute the photograph or a video to a third party other than a law enforcement official. c. Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any text, correspondence, or message of a sexual nature when it: 1) Predominately 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. d. Solicits the transmission or distribution of any text, correspondence, message, photograph or video from another minor that would itself be prohibited under this section 9.47 of the Municipal Code. 3. Any person who shall violate this section prohibiting “sexting” shall pay a forfeiture plus costs established in Ordinance 25.04 of the New London Municipal Code. Adopted by the City Council of the City of New London this January 21, 2025. BY: Mark Herter, Mayor Attest: Nicole Ryerson, City Clerk 1st Reading: December 17 , 2024 2nd Reading: January 21 , 2025 Published: January 30 , 2025 WNAXLP