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16-12-100.2 Computer Pornography (a) This code section shall be known and may be cited as the "Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007."
(b) As used in this code section, the term:
(1) "Child" means any person under the age of 16 years.
(2) "Electronic Device" means any device used for the purpose of communicating with a child for sexual purposes or any device used to visually depict a child engaged in sexually explicit conduct, store any image or audio of a child engaged in sexually explicit conduct, or transmit any audio or visual image of a child for sexual purposes. Such term may include, but shall not be limited to, a computer, cellular phone, thumb drive, video game system, or any other electronic device that can be used in furtherance of exploiting a child for sexual purposes;
(3) "Identifiable Child" means a person:
(A) Who was a child at the time the visual depiction was created, adapted, or modified or whose image as a child was used in creating, adapting, or modifying the visual depiction; and
(B) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature or by electronic or scientific means as may be available.
The term shall not be construed to require proof of the actual identity of the child.
(4) "Sadomasochistic Abuse" has the same meaning as provided in Code Section 16-12-100.1.
(5) "Sexual Conduct" has the same meaning as provided in Code Section 16-12-100.1.
(6) "Sexual Excitement" has the same meaning as provided in Code Section 16-12-100.1.
(7) "Sexually Explicit Nudity" has the same meaning as provided in Code Section 16-12-102.
(8) "Visual Depiction" means any image and includes undeveloped film and video tape and data stored on computer disk or by electronic means which is capable of conversion into a visual image or which has been created, adapted, or modified to show an identifiable child engaged in sexually explicit conduct.
(c) (1) A person commits the offense of computer or electronic pornography if such person intentionally or willfully:
(A) Compiles, enters into, or transmits by computer or other electronic device;
(B) Makes, prints, publishes, or reproduces by other computer or other electronic device;
(C) Causes or allows to be entered into or transmitted by computer or other electronic device; or
(D) Buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement, or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of offering or soliciting sexual conduct of or with an identifiable child or the visual depiction of such conduct.
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