(1) Knowingly produce any child pornography;

(2) Knowingly mail, transport, deliver or transfer by any means, including by computer, any child pornography;

(3) Knowingly reproduce any child pornography by any means, including the computer; or

(4) Knowingly possess any book, magazine, periodical, film, videotape, computer disk, computer file or any other material that contains an image of child pornography.

(b) Penalties.-

(1) Whoever violates or attempts or conspires to violate section 11-9-1.3.

(a)(1), (a)(2) or (a)(3), shall be subject to a fine of not more than five thousand dollars ($5,000) or imprisoned for not more than fifteen (15) years or both.

(2) Whoever violates or attempts or conspires to violate subsection 11-9-1.3 (a)(4) shall be subject to a fine of not more than five thousand dollars ($5,000) or imprisoned not more than five (5) years, or both.

(c) For purposes of this section:

(1) "Minor" means any person not having reached eighteen (18) years of age;

(2) "Sexually explicit conduct" means actual or simulated:

(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

(ii) bestiality;

(iii) masturbation;

(iv) sadistic or masochistic abuse; or

(v) lascivious exhibition of the genitals or pubic area of any person.

(3) "Producing" means producing, directing, manufacturing, issuing, publishing or advertising;

(4) "Visual depiction" includes undeveloped film and videotape and data stored on a computer disk or by electronic means, which is capable of conversion into a visual image;

(5) "Computer" has the meaning given to that term in the RIGL section 11-52-1;

(6) "Child pornography" means any visual depiction including any photograph, film, video, picture or computer or computer-generated image or picture, whether made or produced by electronic, mechanical or other means of sexually explicit conduct where:

(i) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;

(ii) such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct; or

(iii) such visual depiction is advertised, promoted, presented, described or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct.

(d) Affirmative defenses:

(1) It shall be an affirmative defense to a charge of violating subsection 11-9-1.3 (a)(1), (a)(2), or (a)(3) that:

(i) the alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct; and

(ii) each such person was an adult at the time the material was produced; and

(iii) the defendant did not advertise, promote, present, describe or distribute the material in such a manner as to convey the impression that it is or contains a visual depiction of a minor engaging in sexually explicit conduct.

(2) It shall be an affirmative defense to a charge of violating subsection 11-9-1.3(a)(4) that the defendant:

(i) possessed less than three (3) images of child pornography; and

(ii) promptly and in good faith and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof:

(A) took reasonable steps to destroy each such image; or

(B) reported the matter to a law enforcement agency and afforded that agency access to each such image.

(e) Severability: If any provision or provisions of this section, or the application of this section to any person or circumstance is held invalid by a court of competent authority, that invalidity does not affect other provisions or applications of this section which can be given effect without that invalid provision or provisions or application of the provision or provisions, and to this end the provisions of this section are declared to be separable and severable.