CHILD PORNOGRAPHY ERADICATION ACT
TITLE I: DEFINITIONS
1. The following definitions apply to this act.
A. "Child pornography" means sexually explicit visual material which utilizes or has as a subject an identifiable minor. An identifiable minor is a person who was a minor at the time the visual depiction was created, adapted, or modified; or whose image as a minor was used in creating, adapting or modifying the visual depiction; and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; or when the subject is presented or marketed as a minor; or in the case of a sculpture or sex doll, is designed to appear as a minor.
Nothing herein shall not be construed to require proof of the actual identity of the identifiable minor. For the purposes of this section it may be inferred by text, title, marketing, communication, or appearance that a person who is depicted as or presents the appearance of being less than twenty (20) years of age in sexually explicit visual material is less than twenty (20) years of age.
B. "Sexually explicit visual material" means a picture, photograph, drawing, sculpture, sex doll, motion picture film, digital image, including such material stored in a computer's temporary Internet cache, or similar visual representation which depicts unlawful sexual acts, a lewd exhibition of nudity, or sexual excitement, sexual conduct, or sadomasochistic abuse, or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.
C. "Use a communications system" means making personal contact or direct contact through any agent or agency, any print medium, the Atlasian mail, any common carrier or communication common carrier, any electronic communications system, the Internet, or any telecommunications, wire, computer network, or radio communications system.
D. “Grooming video or materials" means a cartoon, animation, image, or series of images depicting a child engaged in the fondling of the sexual or genital parts of another or the fondling of his sexual or genital parts by another, masturbation, sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, object sexual penetration or other sexual acts.
E. Merely taking pictures of oneself shall not be considered a violation of this act if there is no communication to other persons that violates this act.
TITLE II: CHILD PORNOGRAPHY
1. Production of child pornography shall be a felony punishable as determined within this act. A person shall be guilty of production of child pornography if he:
A. Accosts, entices, or solicits a person less than twenty (20) years of age with intent to induce or force such person to perform in or be a subject of child pornography; or
B. Produces or makes or attempts or prepares to produce or make child pornography; or
C. Who knowingly takes part in or participates in the filming, photographing, or other production of child pornography by any means; or
D. Knowingly finances or attempts or prepares to finance child pornography.
- For purposes of this provision, knowingly finances includes but is not limited to processing or facilitating payments by any bank, credit card company, or payment processor to any business, company, or website that hosts child pornography if such bank, credit card company, or payment processor has been informed of such hosting by the Attorney General of Atlasia, the Lincoln Region, or any State in Atlasia, by any court in Atlasia, by any law enforcement officer pursuant to an investigation, or by a sworn affidavit by any person that is easily or readily verifiable.
2. Any person who produces child pornography, when the subject of the child pornography is a child less than fifteen (15) years of age, shall be punished by imprisonment for not less than ten (10) years nor more than thirty (30) years and a $25,000 fine. However, if the person is at least seven (7) years older than the subject of the child pornography the person shall be punished by a term of imprisonment of not less than fifteen (15) years nor more than forty (40) years and a $50,000 fine.
3. Any person who produces child pornography, when the subject of the child pornography is a person at least fifteen (15) but less than twenty (20) years of age, shall be punished by imprisonment for not less than five (5) years nor more than twenty (20) years and a $10,000 fine. However, if the person is at least seven (7) years older than the subject of the child pornography the person shall be punished by term of imprisonment of not less than seven (7) years nor more than thirty (30) years and a $15,000 fine.
4. Any person who knowingly possesses or solicits child pornography is guilty of a felony punishable by imprisonment for not less than three (3) years nor more than ten (10) years and a $10,000 fine.
5. Any person who knowingly reproduces by any means including but not limited to by computer, sells, gives away, distributes, electronically transmits, displays, purchases, or possesses with intent to sell, give away, distribute, transmit, or display child pornography, or commands, entreats, or otherwise attempts to persuade another person to send, submit, transfer or provide to him any child pornography in order to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography shall be punished by imprisonment for not less than five (5) years nor more than twenty (20) years and a $10,000 fine. Any person who intentionally operates an Internet website for the purpose of facilitating the payment for access to child pornography is guilty of a felony punishable by a term of imprisonment of not less than seven (7) years nor more than thirty (30) years.
6. All child pornography shall be subject to lawful seizure and forfeiture.
7. The provisions of this section shall not apply to any such material that is possessed for a bona fide medical, scientific, governmental, law-enforcement, or judicial purpose by a physician, psychologist, scientist, attorney, government employee, judge, or clerk and such person possesses such material in the course of conducting his professional duties as such.
TITLE III: PEDOPHILLIC SOLICITATION
1. It shall be a felony punishable by imprisonment for not less than five (5) years nor more than twenty (20) years and a $10,000 fine, for any person older than eighteen (18) years of age to use a communications system, including but not limited to computers or computer networks or bulletin boards, or any other electronic means for the purposes of procuring or promoting the use of a minor for any activity in violation of law, or for the purposes of soliciting, with lascivious intent, any person he knows or has reason to believe is a minor younger than nineteen (19) years of age to knowingly and intentionally:
A. Expose his sexual or genital parts to any minor or propose that any such minor expose his sexual or genital parts to such person;
B. Propose that any such minor feel or fondle his own sexual or genital parts or the sexual or genital parts of such person or propose that such person feel or fondle the sexual or genital parts of any such minor;
C. Propose to such minor the performance of a sexual act; or
D. Entice, allure, persuade, or invite any such minor to enter any vehicle, room, house, or other place, for any purposes set forth in this title.
2. It shall be a felony punishable by imprisonment for not less than five (5) years nor more than twenty (20) years and a $10,000 fine any person nineteen (19) years of age or older who displays child pornography or a grooming video or materials to a minor under nineteen (19) years of age with the intent to entice, solicit, or encourage the minor to engage in the fondling of the sexual or genital parts of another, or the fondling of his sexual or genital parts by another, or any sexual act.
TITLE IV: TREATMENT AND ENACTMENT
1. This act shall take effect immediately.
2. Any person convicted of crime enumerated in this act shall be required to register as a sex offender and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.
