Disseminating sexually explicit matter to minor; felony; penalty.

Sec. 5. (1) A person is guilty of disseminating sexually explicit matter to a minor if that person does either of the following: (a) Knowingly disseminates to a minor sexually explicit visual or verbal material that is harmful to minors. (b) Knowingly exhibits to a minor a sexually explicit performance that is harmful to minors. (2) A person knowingly disseminates sexually explicit matter to a minor if the person knows both the nature of the matter and the status of the minor to whom the matter is disseminated. (3) A person knows the nature of matter if the person either is aware of its character and content or recklessly disregards circumstances suggesting its character and content. (4) A person knows the status of a minor if the person either is aware that the person to whom the dissemination is made is under 18 years of age or recklessly disregards a substantial risk that the person to whom the dissemination is made is under 18 years of age. (5) Disseminating sexually explicit matter to a minor is a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both. In imposing the fine, the court shall consider the scope of the defendant's commercial activity in disseminating sexually explicit matter to minors.