§ 2827. Possession of child sexual abuse material
(a) No person shall, with knowledge of the character and content, possess or knowingly
access with intent to view any photograph, film, or visual depiction, including any
depiction that is stored electronically, of sexual conduct by, with, or on a child
or of a clearly lewd exhibition of a child’s genitals or anus.
(b) This section shall not apply:
(1) if the depiction was possessed for a bona fide medical, psychological, social work,
legislative, judicial, or law enforcement purpose, by 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) if the person 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) to paintings, drawings, or nonvisual or written descriptions of sexual conduct.
(c) In any prosecution arising under this section, the defendant may raise any of the
following affirmative defenses, which shall be proven by a preponderance of the evidence:
(1) 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 depiction was made; or
(2) that the defendant in good faith took reasonable steps, whether successful or not,
to destroy or eliminate the depiction. (Added 1999, No. 122 (Adj. Sess.), § 5; amended 2019, No. 132 (Adj. Sess.), § 1.)