§ 2824. Promoting a recording of sexual conduct
(a) No person may, with knowledge of the character and content, promote any photograph,
film, or visual recording of sexual conduct by, with, or on a child, or of a lewd
exhibition of a child’s genitals or anus. This subsection does not apply to paintings,
drawings, or to nonvisual or written descriptions of sexual conduct.
(b) In any prosecution arising under this section, the defendant may raise any of the
following affirmative defenses:
(1) that the recording was promoted for a bona fide medical, psychological, social work,
legislative, judicial, or law enforcement purpose, by or to a physician, psychologist,
social worker, legislator, judge, prosecutor, law enforcement officer, or other person
having such a bona fide interest in the subject matter;
(2) that the defendant was a bona fide school, museum, or public library, or was a person
acting in the course of employment as an employee or official of such an organization
or of a retail outlet affiliated with and serving the educational or intended purpose
of that school, museum, or library; or
(3) that the defendant in good faith had a reasonable basis to conclude that the child
in fact had attained 16 years of age when the recording was made. (Added 1983, No. 92; amended 1999, No. 122 (Adj. Sess.), § 3; 2019, No. 132 (Adj. Sess.), § 1.)