Definitions; computer pornography

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  • (a) As used in this section, the term:

    • (1) “Minor” means any person under the age of 18 years.

    • (2) “Identifiable minor” means an individual:

      • (A) Who was a minor at the time the visual depiction was created, adapted, or modified or whose image as a minor was used in creating, adapting, or modifying the visual depiction; and

      • (B) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature or by electronic or scientific means as may be available.

      • (C) The term may not be construed to require proof of the actual identity of the minor.

    • (3) “Visual depiction” means any image and includes photographs, undeveloped film and video tape and data stored on computer disk or by electronic means which is capable of conversion into a visual image or which has been created, adapted, or modified to show an identifiable minor engaged in sexually explicit conduct.

    • (4) “Sexually explicit conduct” means actual or simulated:

      • (A) Sexual intercourse;

      • (B) Deviate sexual activity;

      • (C) Bestiality;

      • (D) Masturbation;

      • (E) Sadomasochistic abuse for the purpose of sexual stimulation; or

      • (F) Lewd exhibition of the:

        • (i) Genitals or pubic area of any person;

        • (ii) Breast of a female; or

        • (iii) Buttocks of a minor.

    • (5) “Visual medium” means any material that records, holds and communicates information in a primarily visual manner

  • (b)

    • (1) A person commits the offense of computer pornography if the person intentionally or willfully:

      • (A) Compiles, enters into, or transmits by means of computer;

      • (B) Makes, prints, publishes, or reproduces by other computerized means;

      • (C) Causes or allows to be entered into or transmitted by means of computer; or

      • (D) Buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement, or any minor's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of offering or soliciting sexual conduct of or with a minor or the visual depiction of such conduct.

    • (2) Any person convicted of violating this chapter shall be punished by a fine of not more than $10,000 or by imprisonment for not less than one or more than 20 years, or by both such fine and imprisonment.


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