Chapter 12: SEXUAL EXPLOITATION OF MINORS HEADING: PL 2003, C. 711, PT. B, §12 (NEW)
§282. Sexual exploitation of minor
1. A person is guilty of sexual exploitation of a minor if:
A. Knowing or intending that the conduct will be photographed, the person intentionally or knowingly employs, solicits, entices, persuades, uses or compels another person, not that person's spouse, who is in fact a minor, to engage in sexually explicit conduct. Violation of this paragraph is a Class B crime; [2003, c. 711, Pt. B, §12 (NEW).]
B. The person violates paragraph A and, at the time of the offense, the person has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class A crime; [2007, c. 476, §4 (AMD).]
C. The person violates paragraph A and the minor has not in fact attained 12 years of age. Violation of this paragraph is a Class A crime; [2003, c. 711, Pt. B, §12 (NEW).]
D. Being a parent, legal guardian or other person having care or custody of another person who is in fact a minor, that person knowingly or intentionally permits that minor to engage in sexually explicit conduct, knowing or intending that the conduct will be photographed. Violation of this paragraph is a Class B crime; [2003, c. 711, Pt. B, §12 (NEW).]
E. The person violates paragraph D and, at the time of the offense, the person has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class A crime; or [2007, c. 476, §5 (AMD).]
F. The person violates paragraph D and the minor has not in fact attained 12 years of age. Violation of this paragraph is a Class A crime. [2003, c. 711, Pt. B, §12 (NEW).]
[ 2007, c. 476, §§4, 5 (AMD) .]
2. The following mandatory minimum terms of imprisonment apply to sexual exploitation of a minor.
A. A court shall impose upon a person convicted under subsection 1, paragraph A or D a sentencing alternative involving a term of imprisonment of at least 5 years. [2003, c. 711, Pt. B, §12 (NEW).]
B. A court shall impose upon a person convicted under subsection 1, paragraph B or E a sentencing alternative involving a term of imprisonment of at least 10 years. [2003, c. 711, Pt. B, §12 (NEW).]
The court may not suspend a minimum term of imprisonment imposed under this section unless it sets forth in detail, in writing, the reasons for suspending the sentence. The court shall consider the nature and circumstances of the crime, the physical and mental well-being of the minor and the history and character of the defendant and may only suspend the minimum term if the court is of the opinion that the exceptional features of the case justify the imposition of another sentence. Section 9-A governs the use of prior convictions when determining a sentence.
[ 2003, c. 711, Pt. B, §12 (NEW) .]
SECTION HISTORY
2003, c. 711, §B12 (NEW). 2007, c. 476, §§4, 5 (AMD).
Chapter 12: SEXUAL EXPLOITATION OF MINORS HEADING: PL 2003, C. 711, PT. B, §12 (NEW)
§282. Sexual exploitation of minor
1. A person is guilty of sexual exploitation of a minor if:
A. Knowing or intending that the conduct will be photographed, the person intentionally or knowingly employs, solicits, entices, persuades, uses or compels another person, not that person's spouse, who is in fact a minor, to engage in sexually explicit conduct. Violation of this paragraph is a Class B crime; [2003, c. 711, Pt. B, §12 (NEW).]
B. The person violates paragraph A and, at the time of the offense, the person has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class A crime; [2007, c. 476, §4 (AMD).]
C. The person violates paragraph A and the minor has not in fact attained 12 years of age. Violation of this paragraph is a Class A crime; [2003, c. 711, Pt. B, §12 (NEW).]
D. Being a parent, legal guardian or other person having care or custody of another person who is in fact a minor, that person knowingly or intentionally permits that minor to engage in sexually explicit conduct, knowing or intending that the conduct will be photographed. Violation of this paragraph is a Class B crime; [2003, c. 711, Pt. B, §12 (NEW).]
E. The person violates paragraph D and, at the time of the offense, the person has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class A crime; or [2007, c. 476, §5 (AMD).]
F. The person violates paragraph D and the minor has not in fact attained 12 years of age. Violation of this paragraph is a Class A crime. [2003, c. 711, Pt. B, §12 (NEW).]
[ 2007, c. 476, §§4, 5 (AMD) .]
2. The following mandatory minimum terms of imprisonment apply to sexual exploitation of a minor.
A. A court shall impose upon a person convicted under subsection 1, paragraph A or D a sentencing alternative involving a term of imprisonment of at least 5 years. [2003, c. 711, Pt. B, §12 (NEW).]
B. A court shall impose upon a person convicted under subsection 1, paragraph B or E a sentencing alternative involving a term of imprisonment of at least 10 years. [2003, c. 711, Pt. B, §12 (NEW).]
The court may not suspend a minimum term of imprisonment imposed under this section unless it sets forth in detail, in writing, the reasons for suspending the sentence. The court shall consider the nature and circumstances of the crime, the physical and mental well-being of the minor and the history and character of the defendant and may only suspend the minimum term if the court is of the opinion that the exceptional features of the case justify the imposition of another sentence. Section 9-A governs the use of prior convictions when determining a sentence.
[ 2003, c. 711, Pt. B, §12 (NEW) .]
SECTION HISTORY
2003, c. 711, §B12 (NEW). 2007, c. 476, §§4, 5 (AMD).
Chapter 12: SEXUAL EXPLOITATION OF MINORS HEADING: PL 2003, C. 711, PT. B, §12 (NEW)
§282. Sexual exploitation of minor
1. A person is guilty of sexual exploitation of a minor if:
A. Knowing or intending that the conduct will be photographed, the person intentionally or knowingly employs, solicits, entices, persuades, uses or compels another person, not that person's spouse, who is in fact a minor, to engage in sexually explicit conduct. Violation of this paragraph is a Class B crime; [2003, c. 711, Pt. B, §12 (NEW).]
B. The person violates paragraph A and, at the time of the offense, the person has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class A crime; [2007, c. 476, §4 (AMD).]
C. The person violates paragraph A and the minor has not in fact attained 12 years of age. Violation of this paragraph is a Class A crime; [2003, c. 711, Pt. B, §12 (NEW).]
D. Being a parent, legal guardian or other person having care or custody of another person who is in fact a minor, that person knowingly or intentionally permits that minor to engage in sexually explicit conduct, knowing or intending that the conduct will be photographed. Violation of this paragraph is a Class B crime; [2003, c. 711, Pt. B, §12 (NEW).]
E. The person violates paragraph D and, at the time of the offense, the person has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class A crime; or [2007, c. 476, §5 (AMD).]
F. The person violates paragraph D and the minor has not in fact attained 12 years of age. Violation of this paragraph is a Class A crime. [2003, c. 711, Pt. B, §12 (NEW).]
[ 2007, c. 476, §§4, 5 (AMD) .]
2. The following mandatory minimum terms of imprisonment apply to sexual exploitation of a minor.
A. A court shall impose upon a person convicted under subsection 1, paragraph A or D a sentencing alternative involving a term of imprisonment of at least 5 years. [2003, c. 711, Pt. B, §12 (NEW).]
B. A court shall impose upon a person convicted under subsection 1, paragraph B or E a sentencing alternative involving a term of imprisonment of at least 10 years. [2003, c. 711, Pt. B, §12 (NEW).]
The court may not suspend a minimum term of imprisonment imposed under this section unless it sets forth in detail, in writing, the reasons for suspending the sentence. The court shall consider the nature and circumstances of the crime, the physical and mental well-being of the minor and the history and character of the defendant and may only suspend the minimum term if the court is of the opinion that the exceptional features of the case justify the imposition of another sentence. Section 9-A governs the use of prior convictions when determining a sentence.
[ 2003, c. 711, Pt. B, §12 (NEW) .]
SECTION HISTORY
2003, c. 711, §B12 (NEW). 2007, c. 476, §§4, 5 (AMD).
