14-190.17.  Second degree sexual exploitation of a minor.

(a)        Offense. - A person commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of the material, he:

(1)        Records, photographs, films, develops, or duplicates material that contains a visual representation of a minor engaged in sexual activity; or

(2)        Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity.

(b)        Inference. - In a prosecution under this section, the trier of fact may infer that a participant in sexual activity whom material through its title, text, visual representations or otherwise represents or depicts as a minor is a minor.

(c)        Mistake of Age. - Mistake of age is not a defense to a prosecution under this section.

(d)       Punishment and Sentencing. - Violation of this section is a Class E felony.  (1985, c. 703, s. 9; 1993, c. 539, s. 1197; 1994, Ex. Sess., c. 24, s. 14(c); 2008-117, s. 4; 2008-218, s. 3.)