Mass. Gen. Laws ch. 12, sec. 36 — MA Code / Part I / Title II / Chapter 12 / Section 36
Development and administration of comprehensive educational diversion program regarding ''sexting''; purpose; curriculum; application of program; educational materials
Status: in_force

Section 36. (a) The attorney general, in consultation with the office of the child advocate, the department of elementary and secondary education, the department of youth services, the Massachusetts District Attorneys Association, the committee for public counsel services, the commission on lesbian, gay, bisexual, transgender, queer and questioning youth, Jane Doe Inc.: The Massachusetts Coalition Against Sexual Assault and Domestic Violence and MASOC, Inc., shall develop and administer a comprehensive educational diversion program about the activity commonly known as ''sexting''. The program shall be designed to provide adolescents with information about: (i) the legal consequences of and penalties for possessing or disseminating visual material in violation of section 29D of chapter 272 and other applicable federal and state laws; (ii) the nonlegal consequences of possessing and disseminating sexual images including, but not limited to, the effect on relationships, loss of educational and employment opportunities and removal, exclusion and expulsion from school programs and extracurricular activities; (iii) how the internet may produce long-term and unforeseen consequences for possessing or disseminating sexual images online, including the health of relationships and risk of trafficking; (iv) the responsible use of visual material digitization; and (v) the connection between adolescents' possession or dissemination of sexual images and sexual assault, dating violence and bullying. (b) In designing the program curriculum, the attorney general shall research effective educational diversion programs, including programs in other states and programs on sexting. The office of the child advocate shall annually review the program design and curriculum and recommend to the attorney general updates as needed to improve efficacy. (c) The educational diversion program created under this section shall be used for any diversion program required pursuant to section 54B of chapter 119; provided, however, that the district attorney or court having jurisdiction may, where appropriate, refer a delinquent child or an alleged delinquent child to the educational diversion program under this section for violations or alleged violations of other laws if the district attorney or court deems such educational diversion program may be beneficial to a delinquent child or an alleged delinquent child. (d) Educational material from the educational diversion program shall be made available to school districts for use in educational programs on the topic of possessing or disseminating sexual images.

Section 36. (a) The attorney general, in consultation with the office of the child advocate, the department of elementary and secondary education, the department of youth services, the Massachusetts District Attorneys Association, the committee for public counsel services, the commission on lesbian, gay, bisexual, transgender, queer and questioning youth, Jane Doe Inc.: The Massachusetts Coalition Against Sexual Assault and Domestic Violence and MASOC, Inc., shall develop and administer a comprehensive educational diversion program about the activity commonly known as ''sexting''. The program shall be designed to provide adolescents with information about: (i) the legal consequences of and penalties for possessing or disseminating visual material in violation of section 29D of chapter 272 and other applicable federal and state laws; (ii) the nonlegal consequences of possessing and disseminating sexual images including, but not limited to, the effect on relationships, loss of educational and employment opportunities and removal, exclusion and expulsion from school programs and extracurricular activities; (iii) how the internet may produce long-term and unforeseen consequences for possessing or disseminating sexual images online, including the health of relationships and risk of trafficking; (iv) the responsible use of visual material digitization; and (v) the connection between adolescents' possession or dissemination of sexual images and sexual assault, dating violence and bullying.

(b) In designing the program curriculum, the attorney general shall research effective educational diversion programs, including programs in other states and programs on sexting. The office of the child advocate shall annually review the program design and curriculum and recommend to the attorney general updates as needed to improve efficacy.

(c) The educational diversion program created under this section shall be used for any diversion program required pursuant to section 54B of chapter 119; provided, however, that the district attorney or court having jurisdiction may, where appropriate, refer a delinquent child or an alleged delinquent child to the educational diversion program under this section for violations or alleged violations of other laws if the district attorney or court deems such educational diversion program may be beneficial to a delinquent child or an alleged delinquent child.

(d) Educational material from the educational diversion program shall be made available to school districts for use in educational programs on the topic of possessing or disseminating sexual images.