Possession or viewing of matter portraying a sexual performance by a minor -- Applicability

minor -- Applicability. (1) A person is guilty of possession or viewing of matter portraying a sexual performance by a minor when, having knowledge of its content, character, and that the sexual performance is by a minor or computer-generated image of a minor, he or she: (a) Knowingly has in his or her possession or control any matter which visually depicts a sexual performance by a minor person or computer-generated image of a minor person; or (b) Intentionally views any matter which visually depicts a sexual performance by a minor person or computer-generated image of a minor person. (2) The provisions of subsection (1)(b) of this section: (a) Shall only apply to the deliberate, purposeful, and voluntary viewing of matter depicting sexual conduct by a minor person or computer-generated image of a minor person and not to the accidental or inadvertent viewing of such matter; (b) Shall not apply to persons viewing the matter in the course of a law enforcement investigation or criminal or civil litigation involving the matter; and (c) Shall not apply to viewing the matter by a minor or the minor's parents or guardians, or to school administrators investigating violations of subsection (1)(b) of this section. (3) Possession or viewing of matter portraying a sexual performance by a minor is: (a) A Class D felony if the person knows that the minor or computer-generated image of a minor portrayed is less than eighteen (18) years old at the time of the sexual performance; and (b) A Class C felony if the person knows that the minor or computer-generated image of a minor person portrayed is less than twelve (12) years old at the time of the sexual performance. (4) Any person convicted under this section shall not be released on probation or parole until he or she has served at least eighty-five percent (85%) of the sentence imposed.