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76-5a-3 . Sexual exploitation of a minor -- Offenses. (1) A person is guilty of sexual exploitation of a minor:
(a)
when the person knowingly produces, distributes, possesses, or possesses with intent to distribute, child pornography; or
(b)
if the person is a minor's parent or legal guardian and knowingly consents to or permits that minor to be sexually exploited
under Subsection (1)(a).
(2) Sexual exploitation of a minor is a felony of the second degree.
(3) It is a separate offense under this section:
(a) for each
minor depicted, and if more than one minor is depicted in the child pornography in violation of this section, the depiction
of each individual minor in the child pornography is a separate offense; and
(b) each time the same minor is depicted in different child pornography.
(4)
It is an affirmative defense to a charge of violating this section that no person under 18 years of age was actually depicted
in the visual depiction or used in producing or advertising the visual depiction.
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