§ 11-208. Possession of visual representation of child under 16 engaged in certain sexual acts

   (a) Prohibited. -- A person may not knowingly possess and intentionally retain a film, videotape, photograph, or other visual representation showing an actual child under the age of 16 years:

   (1) engaged as a subject of sadomasochistic abuse;

   (2) engaged in sexual conduct; or

   (3) in a state of sexual excitement.

(b) Penalty. --

   (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 2,500 or both.

   (2) A person who violates this section, having previously been convicted under this section, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 10,000 or both.

(c) Exemption. -- Nothing in this section may be construed to prohibit a parent from possessing visual representations of the parent's own child in the nude unless the visual representations show the child engaged:

   (1) as a subject of sadomasochistic abuse; or

   (2) in sexual conduct and in a state of sexual excitement.

(d) Affirmative defense. -- It is an affirmative defense to a charge of violating this section that the person promptly and in good faith:

   (1) took reasonable steps to destroy each visual representation; or

   (2) reported the matter to a law enforcement agency.

HISTORY: An. Code 1957, art. 27, § 419B; 2002, ch. 26, § 2; 2004, ch. 539; 2007, ch. 596; 2009, chs. 510, 511; 2012, chs. 316, 317.