Under Electronic Transmission of Certain Visual Material Depicting a Minor, which of the following is correct about who can commit the offense?

• A. Only a minor can commit the offense
• B. Only a non-minor can commit the offense
• C. Either a minor or non-minor can commit
• D. The offense cannot be committed by a minor

Answer: (A)

The key idea is that this offense is limited by who may be the offender. The statute for Electronic Transmission of Certain Visual Material Depicting a Minor is drafted so that the person committing the act must be a minor themselves. That means the conduct—electronically transmitting such material—can only be charged under this specific provision when the actor is a minor at the time of the act. The content of the material involves a minor, but the crucial element here is the offender’s status. Because the law specifies that a minor must be the one who commits the act, adults cannot be charged under this exact provision for this conduct (even though they might face other related charges under different statutes). So the correct understanding is that only a minor can commit this offense.