[§707-753]  Affirmative defense to promoting
child abuse.  It shall be an affirmative defense to a charge of promoting
child abuse in the third degree that the defendant:



(a) Possessed less than three images of child
pornography; and



(b) Promptly and in good faith, and without retaining
or allowing any person, other than a law enforcement agency, to access any
image or copy thereof:



(i)  Took reasonable steps to destroy each such
image; or



(ii)  Reported the matter to a law enforcement
agency and afforded that agency access to each such image. [L 2002, c 200, pt
of §1]



 



COMMENTARY ON §§707-752 AND 753



 



  Act 200, Session Laws 2002, added these sections to add the
offense of third degree promoting child abuse that prohibits the knowing
possession of child pornography and to provide an affirmative defense to
[promoting] child abuse that includes cooperation with law enforcement or
destruction of the child pornography.  House Standing Committee Report No.
417-02.