Relating to sexual exploitation of a minor and providing penalties

The bill increases the penalty to a class “C” felony. Current law provides that it is an aggravated misdemeanor for a first offense and a class “D” felony for a second or subsequent offense to knowingly purchase or possess a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act. A visual depiction containing pictorial representations of different minors shall be prosecuted and punished as separate offenses for each pictorial representation of a different minor in the visual depiction. The bill increases the penalty to a class “D” felony for a first offense, and a class “C” felony for a second or subsequent offense. The bill provides that an offense is considered a subsequent offense if the person has previously been convicted of knowingly purchasing or possessing a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act or the person has a prior conviction in another jurisdiction for a substantially similar offense. A class “B” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. The bill provides that a person serving a sentence for a conviction of sexual exploitation of a minor that is a class “B” felony shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence. At the time of sentencing, the court shall determine when a person convicted of sexual exploitation of a minor shall first become eligible for parole or work release based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. The bill provides that a court shall not defer judgment if the offense is a conviction of sexual exploitation of a minor. The bill provides that in cases where the offender was convicted of sexual exploitation of a minor involving causing or attempting to cause a minor to engage in a prohibited sexual act or the simulation of a prohibited sexual act, or in knowingly promoting any material visually depicting a live performance of a minor engaging in a prohibited sexual act or in the simulation of a prohibited sexual act, the court shall order restitution. The court shall determine the full amount of the victim’s losses that were incurred or are reasonably projected to be incurred as a result of the sexual exploitation of the victim, but in no case shall such amount be less than $3,000. The court shall order pecuniary damages in an amount that reflects the offender’s relative role in the causal process that underlies the victim’s losses, but in no case shall such amount be less than $3,000.10(3), “victim” means the individual harmed as a result of sexual exploitation. The legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, may assume the crime victim’s rights, but in no event shall the offender be named as a representative or guardian.