(1) A person commits the offense of posting an image of suicide of a minor if the person intentionally posts or distributes through the use of social media or any website, or disseminates through other means, an image of a minor attempting suicide, dying by suicide, or having died by suicide, with the intent to harass, intimidate, or coerce any person, and the posting or distribution results in serious emotional distress to any person.
(2) Posting an image of suicide as described in subsection (1) of this section
of a minor is a civil infraction and is punishable by a penalty of one hundred dollars
per violation; except that posting an image of suicide of a minor is a class 2
misdemeanor if the person was the first or original person to post, distribute, or
disseminate the image.
(3) For purposes of this section, unless the context otherwise requires:
(a) Image means a photograph, film, videotape, recording, digital file, or
other reproduction.
(b) Social media means any electronic medium, including an interactive
computer service, telephone network, or data network, that allows users to create,
share, and view user-generated content, including but not limited to videos, still
photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or
internet website profiles.
(4) It is not an offense under this section if the posting or distribution of the
image is a fictional work or a documentary; or is related to a matter of public
interest or public concern; or related to the reporting of unlawful conduct; or the
lawful and common practices of law enforcement, criminal reporting, legal
proceedings, or medical treatment.
(5) This section is known as and may be cited as Lil’ Von Mercado’s Law.
Offenses – Governmental Operations
L. 2019: Entire part added, (HB 19-1334), ch. 388, p. 3455, § 1, effective August 2. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3194, § 271, effective March 1, 2022.
This title was repealed and reenacted in 1971. For historical information concerning the repeal and reenactment, see the editor’s note following the title heading.
