§ 11-9-1.6. Child erotica prohibited.
(a) Definitions as used in this section:
(1) "Minor� means any person not having reached eighteen (18) years of age.
(2) "Produces� means produces, directs, manufactures, issues, publishes, or advertises.
(3) "Visual portrayalâ€� means any visual depiction as defined in § 11-9-1.3, including, but not limited to, any photograph, film, video, picture, or computer-generated
image or picture whether made or produced by electronic, mechanical, or other means.
(b) Any person age eighteen (18) or over who knowingly and voluntarily, without threat
or coercion, produces, possesses, displays, or distributes, in any form, any visual
portrayals of minors who are partially clothed, where the visual portrayals are used
for the specific purpose of sexual gratification or sexual arousal from viewing the
visual portrayals, is guilty of a misdemeanor and, upon conviction, shall be confined
in jail for not more than one year, or fined not more than one thousand dollars ($1,000),
or both.
(c) Affirmative defenses.
(1) It shall be an affirmative defense to a charge of violating this section that:
(i) The alleged child erotica was produced using an actual person or persons who was an
adult at the time the material was produced;
(ii) The defendant promptly and in good faith and without retaining or allowing any person,
other than a law enforcement agency, to access any visual portrayal or copy of it:
(A) Took reasonable steps to destroy each such visual portrayal; or
(B) Reported the matter to a law enforcement agency and afforded that agency access to
each such image.
(iii) That the possessor, displayer, or distributor of child erotica is the parent or legal
guardian of the child depicted in the visual portrayals and there is no competent
evidence to prove an intent to use the visual portrayals for sexual gratification
or sexual arousal from viewing the visual portrayals.
(d) Severability. If any provision or provisions of this section, or the application of this section
to any person or circumstance is held invalid by a court of competent authority, that
invalidity does not affect the other provisions or applications of this section which
can be given effect without that invalid provision or provisions or application of
the provision or provisions, and to this end the provisions of this section are declared
to be separable and severable.