WILLIAM DONALD SCHAEFER, Governor Ch. 398

419A.

(A) IN THIS SECTION "MINOR" MEANS AN INDIVIDUAL UNDER 18
YEARS OF AGE.

(a) (B) Every person who solicits, causes, induces, or
knowingly permits a person under [16] 18 years of age MINOR to
engage as a subject in the production of any obscene matter or
any visual representation or performance that depicts a child
MINOR engaged as a subject in sexual conduct as defined in §
416A(d) of this article, is subject to the penalty provided in
subsection (d) (E) of this section.

(b) (C) Every person who photographs or films a person
under [16] 18 years of age MINOR engaging in an obscene act or
engaging in sexual conduct as defined in § 416A of this article
is subject to the penalty provided in subsection (d) (E) of this
section.

(c) (D) Every person who knowingly promotes, distributes,
or possesses with intent to distribute any matter or other visual
representation or performance that depicts a child MINOR engaged
as a subject in sexual conduct, as defined in § 416A of this
article, is subject to the penalty provided in subsection (d) (E)
of this section.

(d) (E) (1) Every person who violates the provisions of
this section is guilty of a felony and upon conviction shall be
fined not more than $25,000 or imprisoned for 10 years, or both
in the discretion of the court.

(2) A PERSON WHO IS CONVICTED OF A SUBSEQUENT
VIOLATION OF THIS SECTION IS SUBJECT TO A FINE NOT EXCEEDING
$50,000 OR IMPRISONMENT NOT EXCEEDING 20 YEARS, OR BOTH IN THE
DISCRETION OF THE COURT. SENTENCES IMPOSED PURSUANT TO THIS
SECTION SHALL RUN CONSECUTIVELY WITH AND SHALL COMMENCE AT THE
EXPIRATION OF ANY OTHER SENTENCE BEING SERVED BY THE PERSON
SENTENCED.

(3) A MISTAKE OF AGE IS NOT A DEFENSE TO A

PROSECUTION UNDER THIS SECTION.

(e) (F) (1) In any action brought under this section, where
the child's MINOR'S identity is unknown or where the child MINOR
is outside the jurisdiction, the State's Attorney is not required
to identify or produce testimony from the child MINOR who is
depicted in the obscene matter or in any visual representation or
performance that depicts the child MINOR engaged as a subject in
sexual conduct as defined in § 416A of this article.

(2) The court or jury may determine whether a child
AN INDIVIDUAL who is depicted in any obscene matter, or any
visual representation or performance as the subject in sexual

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