HB4842 S JUD AM #1 3-3
Smith 7883
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
ARTICLE 8C. FILMING OF SEXUALLY EXPLICIT CONDUCT OF MINORS.
§61-8C-3. Distribution and exhibiting of material depicting minors engaged in sexually explicit conduct prohibited; penalty.
(a) Any person who, knowingly and willfully, sends or causes to be sent or distributes, exhibits, possesses, electronically accesses with intent to view, or displays or transports any material visually portraying a minor engaged in any sexually explicit conduct is guilty of a felony.
(b) Any person who violates the provisions of subsection (a) of this section when the conduct involves fifty or fewer images shall, upon conviction, be imprisoned in a state correctional facility for not more than two years or fined not more than $2,000 or both.
(c) Any person who violates the
provisions of subsection (a) of this section when the conduct involves more
than fifty but fewer than six hundred images shall, upon conviction, be
imprisoned in a state correctional facility for not less than two nor more than
ten 10 years or fined not more than $5,000, or both.
(d) Notwithstanding the provisions of
subsections (b) and (c) of this section any person who violates the provisions
of subsection (a) of this section when the conduct involves six hundred 600
or more images or depicts violence against a child or a child engaging in
bestiality shall, upon conviction, be imprisoned in a state correctional
facility for not less than five nor more than fifteen 15 years or
fined not more than $25,000 or both.
(e) For purposes of this section each
video clip, movie or similar recording of five minutes or less shall constitute
seventy-five 75 images. A video clip, movie, or similar
recording of a duration longer than five minutes shall be deemed to constitute seventy-five
75 images for every two minutes in length if it exceeds five minutes.
(f) The provisions of this section are inapplicable to:
(1) Law enforcement personnel while acting in the performance of their official duties;
(2) Prosecuting attorneys while acting in the performance of their official duties;
(3) Attorneys representing persons charged with a violation of this article or a substantially similar federal law while acting in the performance of their official duties;
(4) Judges and magistrates while acting in the performance of their official duties;
(5) Jurors while acting in the performance of their official duties ; and
(6) Support personnel for the persons listed in subdivisions (1) through (4) of this subsection in the performance of their professional, employment, and fact-finding duties.
(g) The Supreme Court of Appeals is hereby requested to promulgate such rules, protocols, and forms as are necessary to regulate access to, use, and handling of materials depicting minors engaging in sexually explicit conduct with due consideration given to the privacy rights of victims and the due process rights of defendants in judicial proceedings .
Adopted
Rejected