(a) A person may not knowingly possess and intentionally retain a film, videotape, photograph, or other visual representation showing an actual child under the age of 16 years:
(1) engaged as a subject of sadomasochistic abuse;
(2) engaged in sexual conduct; or
(3) in a state of sexual excitement.
(b)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $2,500 or both.
(2) A person who violates this section, having previously been convicted under this section, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
(c) Nothing in this section may be construed to prohibit a parent from possessing visual representations of the parent's own child in the nude unless the visual representations show the child engaged:
(1) as a subject of sadomasochistic abuse; or
(2) in sexual conduct and in a state of sexual excitement.
(d) It is an affirmative defense to a charge of violating this section that the person promptly and in good faith:
(1) took reasonable steps to destroy each visual representation; or
(2) reported the matter to a law enforcement agency.
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