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ALEC’s’Corporate Board

By the Center for
Media and Democracy
www.prwatch.org

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Model Legislation

Public Safety and Elections

ALEC's Model Legislation to Pursue and Control Child Predators

Summary

Section 1 requires Internet access providers to make available to subscribers a product or
service that controls a child’s use of the Internet. Section 2 requires teaching online
safety in the classroom. Section 3 increases post-conviction controls on convicted sex
offenders. Section 4 requires sex offenders to register their usernames used on
interactive online forums. Section 5 requires online services to preserve and disclose
customer information pursuant to law enforcement requests. Section 6 expands child
porn reporting obligations. Section 7 criminalizes Internet sexual exploitation. Section 8
criminalizes the luring of a child. Section 9 criminalizes age misrepresentation with intent
to solicit a child.

Model Legislation

Definitions

1. “Child” means a person who is less than 18 years of age.

2. “Computer network” means the computer network commonly known as the Internet
and any other local, regional or global computer network that is similar to or is a
predecessor or successor of the Internet.

--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

3. “Internet” means the international computer network of both federal and non-federal
interoperable packet switched data networks.1

4. “Internet Access Provider” means a provider offering directly to residential customers a
facility to access the Internet in exchange for consideration such as through a paid
subscription or through an agreement to view specific ads or content. Systems operated
or services offered by libraries or educational institutions are excluded from this definition.

5. “Interactive Computer Service” means any information service, system, or access
software provider that offers users the capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available information via an
Internet Access Provider, including a service or system that provides or enables computer
access by multiple users to a computer server, including specifically a service or system
that provides access to the Internet and such systems operated or services offered by
libraries or educational institutions.

6. “Order” means a legal process for the release of information, including but not limited
to a court order or search warrant.

7. “Username” means a string of characters used on an Interactive Computer Service to
uniquely identify individuals participating in interactive online forums or instant
messaging for primarily social purposes.

Did you
know the
NRA--the
National
Rifle
Association-was the
corporate cochair in
2011?

Exposed

By the Center for
Media and Democracy
www.prwatch.org

Section 1. {Parental Controls}

1. If an Internet access provider knows or has reason to know based upon registration
data in its possession that a subscriber currently resides within this state, the provider
shall make available to the subscriber a product or service that enables the subscriber to
control a child's use of the Internet, provided such product or service is reasonably and
commercially available for the technology used by the subscriber to access the Internet.
Such product or service shall, in a commercially reasonable manner, enable the
subscriber to do at least one of the following:

(a) Block all access to the internet, or

(b) Block a child’s access to web sites by specifying prohibited web sites or by selecting a
category of sites to block, or

(c) Restrict a child’s access exclusively to web sites approved by the subscriber or to
select a category of approved web sites, or

(d) Restrict a child’s access to web sites designated by the Internet access provider, or

(e) Monitor a child's use of the Internet by providing a report to the subscriber indicating
specific web sites that the child has attempted to visit but could not access because
access to the web sites were blocked or restricted by the subscriber, or

(f) Monitor a child's use of the Internet by providing a report to the subscriber indicating
specific web sites that the child has visited.

2. The Internet access provider shall make available to the subscriber, at or near the time
of subscription, a product or service described in subsection 1. The Internet access
provider may make such product or service available either directly or through a link to a
third-party. The Internet access provider or third-party may charge for such product or
service.

Section 2. {Internet Safety Curricula}2

1. The State Department of Education shall propose to the local school districts in the
state, model curricula for educating children regarding online safety, taking into
consideration the curricula on this subject developed by the other states (as well as any
other curricular materials suggested by education experts, child psychologists, or
technology companies who work on child online safety issues, or any other currently
available curricula).
2. Each local school district shall incorporate into its curriculum a component on Internet
safety to be taught at least once annually to students in grade 3 or above.

3. The State Department of Education shall provide to each school district educational
materials for parents and caregivers regarding child online safety.

Section 3. {Online Monitoring of Convicted Sex Offenders}3

1. A judge imposing sentence on a person who has been convicted of aggravated sexual
assault against a child, sexual assault against a child, aggravated criminal sexual contact
against a child, kidnapping of a child, endangering the welfare of a child, luring a minor,
possession of Child Pornography or convicted of an attempt to commit any of these
offenses may include, in addition to any sentence, a special sentence of supervision as set
forth in section 2. The supervision shall be conducted by a probation officer, parole
officer, law enforcement officer or assigned computer information technology specialist, in
a manner and form prescribed by the Attorney General.

2. Persons serving a special sentence of parole supervision shall be subject to one or more
of the provisions and conditions set forth in this subsection including, but not be limited
to

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(a) Continued supervision, either in person or through remote monitoring, of the person‘s
incoming and outgoing e-mail and other Internet-based communication for evidence
relevant to any crime described in paragraph 1.

(b) Continued supervision, either in person of through remote monitoring, of the person’s
history of websites visited and content accessed for evidence relevant to any crime
described in paragraph 1.

(c) Periodic unannounced inspections of the contents of the person‘s computer or any
other device with Internet access, including the retrieval and copying of all data from the
computer or device and any internal or external storage or portable media, and removal
of such information, computer, device or media to conduct a more thorough inspection
for evidence relevant to any crime described in paragraph

3. If the Internet was used by the person in the commission of a crime described in
paragraph 1, the judge, as part of the sentence, may limit or restrict the person‘s
Internet access in a manner tailored to prevent further use of the Internet by the person
to commit any such crime.

4. A person specially sentenced to supervision may petition the Court for release from
that supervision. The judge may grant a petition for release only upon proof by clear and
convincing evidence that the person has not committed a crime described in paragraph
1 since the last conviction or release from incarceration, whichever is later, and that the
person is not likely to pose a threat to the safety of others if released from parole
supervision.

5. A person who refuses to submit to any of the provisions and conditions imposed
pursuant to subsection 2 or any Internet access restriction imposed pursuant to
subsection 3 shall be guilty of a class 5 felony and shall be sentenced to a term of
imprisonment of no less than 5 years, unless the court finds that in that particular case,
the interests of justice outweigh the need to deter crimes described in paragraph 1 and
that a sentence to imprisonment would be a manifest injustice.

Section 4. {Registration of Online Identifiers}

1. In addition to any other information required pursuant to the state’s sex offender
registry law, any and all Email addresses and Usernames that the sex offender uses or
intends to use shall be provided at the time of registration.

2. If a person required to register pursuant to the state’s sex offender registry law fails to
provide any and all Email addresses and Usernames that the person uses or intends to
use as required by subsection 1, the person shall be subject to the same penalties
applicable to the failure to register a residence or a change of residence.

3. The state shall make the Email and Username of registered sex offenders available to
the public under the same rules and restrictions set forth in the state’s sex offender
registry law.

[OR IN STATES THAT PROHIBIT PUBLIC DISCLOSURE OR COMMERCIAL USE OF THE LIST: —
The state shall make the Email and Username and other information collected from the
sex offender registry available through a formal mechanism, to any commercial or nonprofit entity, including child safety organizations, educational institutions, and Interactive
Computer Service providers for the purpose of protecting children from sex offenders.]

4. No provider of an interactive computer service shall be liable under this Act or any
other provision of law:

(a) for identifying, removing, disabling, blocking or otherwise affecting a user based on a
good faith belief that such user‘s electronic mail address, Username, or other similar
Internet identifier appeared in the National Sex Offender Registry or any analogous State
registry; or

(b) for failing to identify, block or otherwise prevent a person from registering for its
service, or for failing to remove, disable or otherwise affect a registered user, whose
electronic mail address, instant message address, or other similar Internet identifier
appears in the National Sex Offender Registry or any analogous State registry.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

Section 5 {Internet Evidence for Law Enforcement Investigations}5

1. (a) An Interactive Computer Service, upon the request of a law enforcement agency
for an investigation of a possible sex offense involving a child under section _____, shall
take all necessary steps to preserve records and other evidence in its possession pending
the issuance of an order or other legal process. The Interactive Computer Service shall
comply with the request as soon as reasonably practical following receipt.

(b) Records referred to in paragraph (a) of this subsection shall be retained for a period of
ninety days, which shall be extended for an additional ninety-day period upon a further
request of the law enforcement agency within the initial 90 day period.

2. (a) An Interactive Computer Service shall, as soon as reasonably practical,
considering other outstanding law enforcement and legal requests, after receiving
appropriate legal process as set forth in 18 U.S.C. § 2703 relating to an investigation of a
possible sex offense involving a child under section _____, provide the information that is
in its possession and is legally justified pursuant to the means of legal process as set forth
in 18 U.S.C. § 2703.

(b) In connection with any criminal investigation of a possible sex offense involving a child
under section _____, that involves immediate danger of death or serious bodily harm, a
law enforcement agency in this state may issue a request, without compulsory legal
process or court order, to a designated recipient of the Interactive Computer Service to
disclose, consistent with 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4), the information
identified in paragraph (a) of this subsection. The Interactive Computer Service shall
communicate with the requesting agency to discuss the nature of the request and to
coordinate an appropriate response immediately and without delay.

3. Subsections (1) and (2) of this section shall be interpreted in a manner consistent with
the requirements of federal law that apply to providers of an electronic communications
service, including but not limited to 18 U.S.C. ch. 121 (§§ 2701-2712) and 42 U.S.C. §
13032.

Section 6. {Reporting Images of Child Pornography and Other Crimes} An

Interactive Computer Service doing business in this state that obtains knowledge of facts
or circumstances from which a violation of any law in this state prohibiting possession,
distribution or creation of images containing child pornography or prohibiting sexual
activity involving a child is apparent, shall make a report, as soon as reasonably possible,
of such facts or circumstances to the Cyber Tip Line at the National Center for Missing
and Exploited Children consistent with the requirements of 42 U.S.C. § 13032.

Section 7. {Internet sexual exploitation of a child}4

1. A person commits internet sexual exploitation of a child if a person, who is at least four
years older than a child who is under fifteen years of age, knowingly requests or
encourages the child through communication via the Internet or other computer network
to:

(a) Expose or touch the child's own or another person's intimate parts while
communicating with the person via a computer network or system; or

(b) Observe the person's intimate parts while communicating with the person via a
computer network or system.

2. It shall not be an affirmative defense to this section that the child was actually a law
enforcement officer posing as a child under fifteen years of age.

3. Internet sexual exploitation of a child is a class 4 felony.

Section 8. {Internet luring of a child}5

1. A person more than four years older than the child commits internet luring of a child if
the person knowingly communicates a statement or an image over a computer or

Exposed

By the Center for
Media and Democracy
www.prwatch.org

computer network to a child under fifteen years of age, describing or depicting sexual
conduct, and, in connection with the communication, makes a statement persuading or
inviting the child to meet the person for purposes of criminal sexual conduct.

2. It shall not be an affirmative defense to this section that:

(a) A meeting did not occur; or

(b) The child was actually a law enforcement officer posing as a child under fifteen years
of age.

3. Internet luring of a child is a class 5 felony; except that luring of a child is a class 3
felony if committed with the intent to meet the child for the purpose of engaging in
sexual exploitation or sexual contact.

4. For purposes of this section, “in connection with” means communications that further,
advance, promote, or have a continuity of purpose and may occur before, during, or after
the invitation to meet.

Section 9. {Age misrepresentation with intent to solicit a minor}

1. A person is guilty of age misrepresentation with intent to solicit a minor when he or she
is more than four years older than the minor and knowingly misrepresents his or her age
with the intent to use the Internet to engage in criminal sexual conduct involving a
minor.

2. It shall not be an affirmative defense to this section that:

(a) A meeting did not occur; or

(b) The child was actually a law enforcement office posing as a child under fifteen years of
age.

3. Age misrepresentation with intent to solicit a minor is a class 4 felony.

Endnotes

[1] 47 USC § 230
[2] Virginia § 22.1-70.2
[3] New Jersey Assembly Bill 3902
[4] Colorado § 362
[5] Colorado § 362

Adopted by the Telecom and Information Technology and Criminal Justice Task Forces at
the Spring Task Force Summit, May 16-17, 2008. Approved by the ALEC Board of
Directors June 2008.

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