649-A:1 Declaration of Findings and Purposes. – I. The legislature finds that there has been a proliferation of exploitation of children through their use as subjects in sexual performances. The care of children is a sacred trust and should not be abused by those who seek to profit through a commercial network based upon […]
649-A:2 Definitions. – In this chapter: I. " Child " means any person under the age of 18 years. II. " Disseminate " means to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit, or display. III. " Sexually explicit conduct " means human masturbation, the touching of the actor’s or other person’s sexual […]
649-A:3 Possession of Child Sexual Abuse Images. – I. No person shall knowingly: (a) Buy, procure, possess, or control any visual representation of a child engaging in sexually explicit conduct; or (b) Bring or cause to be brought into this state any visual representation of a child engaging in sexually explicit conduct. II. An […]
649-A:3-a Distribution of Child Sexual Abuse Images. – I. No person shall: (a) Knowingly sell, exchange, or otherwise transfer, or possess with intent to sell, exchange, or otherwise transfer any visual representation of a child engaging in or being engaged in sexually explicit conduct; (b) Knowingly publish, exhibit, or otherwise make available any visual […]
649-A:3-b Manufacture of Child Sexual Abuse Images. – I. No person shall knowingly create, produce, manufacture, or direct a visual representation of a child engaging in or being engaged in sexually explicit conduct, or participate in that portion of such visual representation that consists of a child engaging in or being engaged in sexually […]
649-A:4 Exemption. – A person shall not be guilty of a violation under this chapter if he is a librarian, or a paid or volunteer member of a library staff working under the supervision of a librarian, engaged in the normal course of his employment, or if he is regularly employed by anybody as […]
649-A:5 Justifiable Dissemination. – It is an affirmative defense to prosecution under this chapter that dissemination was: I. Restricted to institutions or persons having scientific, medical, educational, governmental or other similar justification for possessing a visual representation of a child engaging in sexual activity; or II. Of the same material available in the same […]
649-A:6 Proving Age of Child. – Whether a child depicted in a visual representation is a minor for the purposes of this chapter is a question of fact for the jury and may be found by expert or lay testimony, or by viewing the images. Source. 2008, 323:3, eff. Jan. 1, 2009.
649-A:7 Discovery. – I. In any criminal proceeding, any material that constitutes a visual representation of a child engaging in or being engaged in sexually explicit conduct shall remain in the care, custody, and control of the state or the court. II. The state shall provide ample opportunity for the defendant, his or her […]
