(a) As used in this section, “record” means to photograph, make, capture, generate, or save a print, negative, slide, motion picture, computer data file, videotape, or other mechanically, electronically, or chemically reproduced visual image or material.
(b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly:
(1) Record a person under fourteen (14) years of age and post the recording of the person on an online social media platform or other internet website that allows the using or posting of a recording in any form after the person has previously been warned of his or her possible criminal exposure by a judge at the person's sentencing for the offense for which the person is required to register as a sex offender, or by his or her parole or probation officer that recording a person under fourteen (14) years of age is a violation of his or her terms and conditions of his or her probation or parole; or
(2) Record a person under fourteen (14) years of age and post the recording of the person on an online social media platform or other internet website that allows the using or posting of a recording in any form in a manner that would suggest to a reasonable person that the person recording and posting the recording was doing so to unlawfully incite the prurient interest of himself, herself, or another person.
(c) A violation of this section is a Class D felony.
(d) It is a defense to prosecution under this section that:
(1) The person received permission from the parent or guardian of the person under fourteen (14) years of age to record the person under fourteen (14) years of age or to use or post a recording of the person under fourteen (14) years of age on an online social media platform or other internet website that allows the using or posting of a recording;
(2) The person who recorded or whose recording was used or posted on an online social media platform or other internet website that allows the using or posting of a recording was the parent or guardian of the person under fourteen (14) years of age;
(3) The person under fourteen (14) years of age who was recorded was not the subject of the recording or was in the background of the recording;
(4) A reasonable person would believe the appearance of the person under fourteen (14) years of age was ancillary to the main subject of the recording; or
(5) The recording of the person under fourteen (14) years of age was used or posted by a news organization.