(a) A person commits distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child if the person knowingly:(1) Receives for the purpose of selling or knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers, or agrees to offer through any means, including the internet, any photograph, film, videotape, computer program or file, video game, computer generated image, or any other reproduction or reconstruction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct or is indistinguishable from the image of a child engaging in sexually explicit conduct, whether made or produced by electronic, mechanical, or other means; or(2) Possesses or views through any means, including on the internet, any photograph, film, videotape, computer program or file, computer generated image, video game, or any other reproduction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct or is indistinguishable from the image of a child engaging in sexually explicit conduct, including those made or produced by electronic, mechanical, or other means.
(1) Receives for the purpose of selling or knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers, or agrees to offer through any means, including the internet, any photograph, film, videotape, computer program or file, video game, computer generated image, or any other reproduction or reconstruction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct or is indistinguishable from the image of a child engaging in sexually explicit conduct, whether made or produced by electronic, mechanical, or other means; or
(2) Possesses or views through any means, including on the internet, any photograph, film, videotape, computer program or file, computer generated image, video game, or any other reproduction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct or is indistinguishable from the image of a child engaging in sexually explicit conduct, including those made or produced by electronic, mechanical, or other means.
(b) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child is a:(1) Class C felony for the first offense; and(2) Class B felony for any subsequent offense.
(1) Class C felony for the first offense; and
(2) Class B felony for any subsequent offense.
(c) It is an affirmative defense to a prosecution under this section that the defendant in good faith reasonably believed that the person depicted in the matter was eighteen (18) years of age or older.
(d) This section does not apply to:(1) Matter depicting sexually explicit conduct involving a child possessed, controlled, or intentionally viewed as part of a law enforcement investigation; or(2) (A) An interactive computer service as defined in 47 U.S.C. § 230 for:(i) Content provided by another party; or(ii) Computer generated matter depicting sexually explicit conduct involving a child when the matter is generated as part of adversarial testing conducted in good faith to prevent, detect, or mitigate the risk of artificial intelligence systems generating matter depicting sexually explicit conduct involving a child.(B) Subdivision (d)(2)(A) of this section does not include a person who engages in adversarial testing for personal or exploitative purposes or for purposes unrelated to legitimate artificial intelligence safety testing.
(1) Matter depicting sexually explicit conduct involving a child possessed, controlled, or intentionally viewed as part of a law enforcement investigation; or
(2) (A) An interactive computer service as defined in 47 U.S.C. § 230 for:(i) Content provided by another party; or(ii) Computer generated matter depicting sexually explicit conduct involving a child when the matter is generated as part of adversarial testing conducted in good faith to prevent, detect, or mitigate the risk of artificial intelligence systems generating matter depicting sexually explicit conduct involving a child.(B) Subdivision (d)(2)(A) of this section does not include a person who engages in adversarial testing for personal or exploitative purposes or for purposes unrelated to legitimate artificial intelligence safety testing.
(A) An interactive computer service as defined in 47 U.S.C. § 230 for:(i) Content provided by another party; or(ii) Computer generated matter depicting sexually explicit conduct involving a child when the matter is generated as part of adversarial testing conducted in good faith to prevent, detect, or mitigate the risk of artificial intelligence systems generating matter depicting sexually explicit conduct involving a child.
(i) Content provided by another party; or
(ii) Computer generated matter depicting sexually explicit conduct involving a child when the matter is generated as part of adversarial testing conducted in good faith to prevent, detect, or mitigate the risk of artificial intelligence systems generating matter depicting sexually explicit conduct involving a child.
(B) Subdivision (d)(2)(A) of this section does not include a person who engages in adversarial testing for personal or exploitative purposes or for purposes unrelated to legitimate artificial intelligence safety testing.