Dec. 16, 2017 – West Bend, WI – The West Bend Common Council has a full agenda for Monday, Dec. 18. One item involves a new ordinance on sexting. The details on what will be reviewed are posted below. Is this really a problem in the community?
2017-2018 COMMON COUNCIL
WHEREAS the City of West Bend has determined that the sharing of explicit images and related activities between minors represents a concern for the health, safety, welfare, peace and order to the citizens of West Bend, and WHEREAS the City wishes to prohibit and deter such activities within the City; NOW, THEREFORE, the Common Council of the City of West Bend do ordain as follows:
SECTION ONE. Section 9.291 is created to read as follows:
9.291 Sexting Prohibited.
The Common Council of the City of West Bend has determined that the sharing of explicit images and related activities between minors represents a concern for the health, safety, welfare, peace and order to the citizens of the City of West Bend. The Council has further determined that prohibiting sharing of explicit images and related activities between minors will serve to deter such activities within the City.
(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 noticeably erect 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.
(b) “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 an indecent, shameful, or morbid interest;
2. Is blatantly offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; or
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.
(3) A minor commits the offense of sexting if he or she knowingly performs one or more of the following:
(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) Possess any material described in Paragraph (3)(a), except that 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; and
3. The minor did not transmit or distribute the photograph or a video to a third party other than a law enforcement official.
(c) Solicits the transmission or distribution of any text, correspondence, message, photograph or video from another minor that would itself be prohibited under this section of the Municipal Code.
SECTION TWO. Citations for violations of this section of the Municipal Code shall be as established by the Mid-Moraine Municipal Court Bond Schedule.
Passed and Approved the 18th day of December, 2017
Introduced by Ald.
Kraig K. Sadownikow, Mayor
Attest: Stephanie Justmann, City Clerk
Approved as to Legality: Ian Prust, City Attorney