Offenses Against Persons
Failure to report child pornography
(1)As used in this section:
(a)“Computer technician” means a person who repairs, installs or otherwise services a computer, computer network or computer system for compensation.
(b)“Processor of photographic images” means a person who develops, processes, reproduces, transfers, edits or enhances photographic film into negatives, slides, prints, movies, digital images or video.
(2)A processor of photographic images or a computer technician who reasonably believes the processor or technician has observed a visual recording of a child involved in sexually explicit conduct shall report the name and address, if known, of the person requesting the processing or of the owner or person in possession of the computer, computer network or computer system to:
(a)The CyberTipline at the National Center for Missing and Exploited Children;
(b)The local office of the Department of Human Services; or
(c)A law enforcement agency within the county where the processor or technician making the report is located at the time the visual recording is observed.
(3)Nothing in this section requires a processor of photographic images or a computer technician to monitor any user, subscriber or customer or to search for prohibited materials or media.
(4)Any person, their employer or a third party complying with this section in good faith shall be immune from civil or criminal liability in connection with making the report, except for willful or wanton misconduct.
(5)A person commits the crime of failure to report child pornography if the person violates the provisions of this section.
(6)Failure to report child pornography is a Class A misdemeanor. [1987 c.864 §7; 1991 c.664 §10; 2011 c.515 §§8,11a]
Law Review Citations
51 OLR 427-637 (1972)