[HISTORY: Adopted by the Village Board of Trustees of the Village of Slinger 3-18-2024 by Ord. No. 03-01-2024. Amendments noted where applicable.]
A. 
This chapter prohibits the sharing of explicit images and related activities between minors which will serve to deter such activities within the Village.
B. 
Definitions. For the purposes of this section:
HARMFUL TO MINORS
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 with respect to what is suitable material or conduct for minors.
(3) 
Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
MINOR
Any person under the age of 18 years.
NUDITY
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.
C. 
A minor commits the offense of sexting if he or she knowingly:
(1) 
Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photographer video of any person which depicts nudity, as defined in this section, and is harmful to minors as defined in this section.
(2) 
Possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity, as defined above, and is harmful to minors, as defined above. A minor does not violate this paragraph if all the following apply:
(a) 
The minor did not solicit the photograph or video.
(b) 
The minor took reasonable steps to report the photograph or video to a school or law enforcement official.
(c) 
The minor did not transmit or distribute the photograph or video to a third party other than a law enforcement official.
(3) 
Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any text message, correspondence or message of a sexual nature when it:
(a) 
Predominantly appeals to an indecent, shameful, or morbid interest;
(b) 
Is blatantly offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors;
(c) 
Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
(4) 
Solicits the transmission or distribution of any text, correspondence, message, photograph, or video from another minor that would be prohibited under this subsection.
D. 
Fines. The fine for sexting shall be as determined in Chapter 23 of the Municipal Code.
E. 
Penalty. Any person violating this section shall, upon conviction, be subject to a forfeiture in an amount within a range as shown in Chapter 23 of the Municipal Code together with the costs of prosecution as provided in Chapter 23.
F. 
Severability. Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.