Computer exploitation of a child

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  1. (a)

    1. (1) A person commits computer exploitation of a child in the first degree if the person:

      1. (A) Causes or permits a child to engage in sexually explicit conduct; and

      2. (B) Knows, has reason to know, or intends that the prohibited conduct may be:

        1. (i) Photographed;

        2. (ii) Filmed;

        3. (iii) Reproduced;

        4. (iv) Reconstructed in any manner, including on the Internet; or

        5. (v) Part of an exhibition or performance.

    2. (2) Computer exploitation of a child in the first degree is a:

      1. (A) Class B felony for the first offense; and

      2. (B) Class A felony for a subsequent offense.

  2. (b)

    1. (1) A person commits computer exploitation of a child in the second degree if the person:

      1. (A) Photographs or films a child engaged in sexually explicit conduct; or

      2. (B) Uses any device, including a computer, to reproduce or reconstruct the image of a child engaged in sexually explicit conduct.

    2. (2) Computer exploitation of a child in the second degree is a Class C felony.


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