§ 5-27-605 - Computer exploitation of a child.

5-27-605. Computer exploitation of a child.

(a) (1) A person commits computer exploitation of a child in the first degree if the person:

(A) Causes or permits a child to engage in sexually explicit conduct; and

(B) Knows, has reason to know, or intends that the prohibited conduct may be:

(i) Photographed;

(ii) Filmed;

(iii) Reproduced;

(iv) Reconstructed in any manner, including on the internet; or

(v) Part of an exhibition or performance.

(2) Computer exploitation of a child in the first degree is a:

(A) Class B felony for the first offense; and

(B) Class A felony for a subsequent offense.

(b) (1) A person commits computer exploitation of a child in the second degree if the person:

(A) Photographs or films a child engaged in sexually explicit conduct; or

(B) Uses any device, including a computer, to reproduce or reconstruct the image of a child engaged in sexually explicit conduct.

(2) Computer exploitation of a child in the second degree is a Class C felony.