Possessing child pornography--Penalty

A person is guilty of possessing child pornography if the person knowingly possesses: (1) Any visual depiction of a minor engaging in a prohibited sexual act, or in a simulation of a prohibited sexual act; or (2) Any computer-generated child pornography. A violation of this section is a Class 4 felony. A conviction under this section for a first offense must be punished by a mandatory sentence in a state correctional facility of at least one year. A conviction under this section for a second or subsequent offense must be punished by a mandatory sentence in a state correctional facility of at least five years. Source: SL 2024, ch 87 , § 2.