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Sec. 11.61.127. Possession of child pornography.

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Go back to: Title 11 Criminal Law
Go back to: Chapter 61. Offenses Against Public Order.

Sec. 11.61.127. Possession of child pornography.
 (a) A person commits the crime of possession of child pornography if the person knowingly possesses or knowingly accesses on a computer with intent to view any material that visually depicts conduct described in AS 11.41.455(a) knowing that the production of the material involved the use of a child under 18 years of age who engaged in the conduct or a depiction of a part of an actual child under 18 years of age who, by manipulation, creation, or modification, appears to be engaged in the conduct.

 (b) This section does not apply to persons providing plethysmograph assessments in the course of a sex offender treatment program that meets the minimum standards under AS 33.30.011(a)(5).

 (c) Each film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts conduct described in AS 11.41.455(a) that is possessed or accessed in violation of (a) of this section is a separate violation of this section.

 (d) In a prosecution under (a) of this section, it is an affirmative defense that the person
     (1) possessed or accessed fewer than three depictions described in (a) of this section; and

     (2) without allowing any person other than a law enforcement agency to view the depictions, either took reasonable steps to destroy the depictions, or reported the matter to a law enforcement agency and allowed the agency access to the depictions.

 (e) In a prosecution under (a) of this section, the prosecution is not required to prove the identity of a minor depicted or that the defendant knew the identity of a minor depicted.

 (f) In this section, “computer” has the meaning given in AS 11.46.990.

 (g) Possession of child pornography is a class C felony.

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