[§707-752]  Promoting child abuse in the
third degree.  (1)  A person commits the offense of promoting child abuse
in the third degree if, knowing or having reason to know its character and
content, the person possesses:



(a) Child pornography;



(b) Any book, magazine, periodical, film, videotape,
computer disk, electronically stored data, or any other material that contains
an image of child pornography; or



(c) Any pornographic material 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 the 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 with 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.



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



"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" includes 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.  The fact that the person who was employed, used, or otherwise
contained in the pornographic material 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 third degree
is a class C felony. [L 2002, c 200, pt of §1]