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Prohibited Computer Transmissions

Anyone who intentionally masturbates, intentionally exposes the genitals in a lewd or lascivious manner or intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection.

The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this subsection shall not constitute a defense to a prosecution under this subsection.

Anyone 18 or older who commits a lewd or lascivious exhibition using a computer commits a second degree felony the second-degree punishable by 15 years in prison and a $15,000.00 fine.

A person less than 18 who commits a lewd or lascivious exhibition using a computer commits a third-degree felony punishable by 5 years in prison and a $5,000.00 fine.

A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this subsection.


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