§707-750 - Promoting child abuse in the first degree.

[PART VI. 
CHILD ABUSE]

§707-750  Promoting child abuse in the first
degree.  (1)  A person commits the offense of promoting child abuse in the
first degree if, knowing or having reason to know its character and content,
the person:

(a) Produces or participates in the preparation of
child pornography;

(b) Produces or participates in the preparation of
pornographic material that employs, uses, or otherwise contains a minor
engaging in or assisting others to engage in sexual conduct; or

(c) Engages in a pornographic performance that
employs, uses, or otherwise contains a minor engaging in or assisting others to
engage in sexual conduct.

(2)  As used in this section:

"Child pornography" means any
pornographic visual representation, including any photograph, film, video,
picture, or computer or computer-generated image or picture, whether made or
produced by electronic, mechanical, or other means, of sexual conduct, if:

(a) The pornographic production of such visual
representation involves the use of a minor engaging in sexual conduct; or

(b) The pornographic visual representation has been
created, adapted, or modified to appear that an identifiable minor is engaging
in sexual conduct.

"Community standards" means the
standards of the State.

"Computer" shall have the same
meaning as in section 708-890.

"Lascivious" means tending to incite
lust, to deprave the morals in respect to sexual relations, or to produce
voluptuous or lewd emotions in the average person, applying contemporary
community standards.

"Material" means any printed matter,
visual representation, or sound recording and includes, but is not limited to,
books, magazines, motion picture films, pamphlets, newspapers, pictures,
photographs, and tape or wire recordings.

"Minor" means any person less than
eighteen years old.

"Performance" means any play, motion
picture film, dance, or other exhibition performed before any audience.

"Pornographic" shall have the same
meaning as in section 712-1210.

"Produces" means to produce, direct,
manufacture, issue, publish, or advertise.

"Sadomasochistic abuse" means
flagellation or torture by or upon a person as an act of sexual stimulation or
gratification.

"Sexual conduct" means acts of
masturbation, homosexuality, lesbianism, bestiality, sexual penetration,
deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of
the genital or pubic area of a minor.

"Visual representation" refers to,
but is not limited to, undeveloped film and videotape and data stored on
computer disk or by electronic means that are capable of conversion into a
visual image.

(3)  The fact that a person engaged in the
conduct specified by this section is prima facie evidence that the person
engaged in that conduct with knowledge of the character and content of the
material or the performance produced, directed, or participated in.  The fact
that the person who was employed, used, or otherwise contained in the
pornographic material or performance, was at that time, a minor, is prima facie
evidence that the defendant knew the person to be a minor.

(4)  Promoting child abuse in the first degree
is a class A felony. [L 1978, c 214, §1; am L 1982, c 218, §1; am L 1986, c
314, §58; am L 1988, c 91, §1; am L 1997, c 363, §1; am L 2002, c 200, §2]