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Searching 2019-2020 Session

The Vermont Statutes Online

The statutes were updated in November, 2018, and contain all actions of the
2018 legislative session.

Title 13 : Crimes and Criminal Procedure

Chapter 064 : SEXUAL EXPLOITATION OF CHILDREN

(Cite as: 13 V.S.A. § 2824)
  • § 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 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;

    (3) that the defendant in good faith had a reasonable basis to conclude that the child in fact had attained the age of 16 when the recording was made. (Added 1983, No. 92; amended 1999, No. 122 (Adj. Sess.), § 3.)