Part 6 Child Abuse Flashcards
Define Promoting Child Abuse 1st
- Produces or participates in making child porn
(OR)
- Produces or participates in preparation of porn that employs minor(s)
(OR)
- Performs in porn that employs minor(s
What is the classification for Promoting Child Abuse 1st
Class A felony
707-750
Define Promoting Child Abuse 2nd
The person knowingly…
1. Disseminates child porn
(OR)
2. Reproduces child porn with intent to disseminate
(OR)
3. Disseminates any material containing an image of child porn
(OR)
4. Possess 30 (or more) images of child porn (and) at least one has:
• Minor under 12
• Sadomasochistic abuse w/ minor
• Bestiality w/ minor
What is the classification for Promoting Child Abuse 2nd
Class B felony
707-751
Define Promoting Child Abuse 3rd
Possess: 1. Child Porn (OR) 2. Any material containing child porn (OR) 3. Any porn employing or containing a minor
What is the classification for Promoting Child Abuse 3rd
Class C felony
707-752
Define electronic enticement of a child 1st
Using a computer or other electronic device (I/K) Communicates: • w/ person known to be under 18 (OR) • w/ reckless disregard of risk the person is under 18 (and they are under 18) (OR) • w/ a person who says they under 18 (AND) Intends to promote or facilitate a felony • Murder 1st and 2nd • Class A Felonies • Other offense covered in 846E-1 (AND) (I/K) travels to agreed time and place
What is the classification for Electronic Enticement of a child 1st
Class B felony
707-756
Define Electronic Enticement of a child 2nd
Using a computer or other electronic device (I/K) Communicates: • w/ person known to be under 18 (OR) • w/ reckless disregard of risk the person is under 18 (and they are under 18) (OR) • w/ a person who says they under 18 (AND) Intends to promote or facilitate a felony (other than those listed for EEC 1st) (AND) (I/K) travels to agreed time and place
What is the classification for Electronic Enticement of a child 2nd
Class C felony
707-757
Define Indecent Electronic display to a child
(Intentionally) masturbates or exposes the genitals in a lewd or lascivious manner over computer/internet/local bulletin board
(AND)
Has reason to believe it is being viewed by:
• w/ person known to be under 18
(OR)
• w/ reckless disregard of risk the person is under 18 (and they are under 18)
(OR)
• w/ a person who says they under 18
What is the classification for Indecent Electronic display to a child
Misdemeanor
707-759
Define child pornography
Any pornographic visual representation including any photo, film, video or computer generated image of sexual conduct:
-the visual representation involves use of a minor engaging in sexual conduct
(OR)
-has been created, adapted, or modified to appear that an identical em Minor is engaging in sexual conduct
Define minor
Any person less then 18 years old
Define Sexual conduct
Actual or simulated sexual intercourse including genital-genital contact, anal-genital contact, oral-anal contact whether between persons of the same or opposite sex
Define deviate sexual intercourse
Any act of sexual gratification between a person and an animal or a corpse involving the sex organs of one and the mouth, anus, or sexual organs of the other
Define sadomasochistic Abuse
Flagellation or torture by or upon a person as an act of sexual stimulation or gratification
Define lascivious
Tending to incite lust, to deprave the orals in respect to sexual relations or to produce voluptuous or lewd emotions in the average person
Define community standards
The standards of the state
Define material
Any printed Matter, visual representation or sound recording and includes but is not limited to books magazines motion picture films pamphlets newspapers pictures photographs and tape or wire recording
Define performance
Any play motion picture film, dance, or other exhibitions performed before any audience
Define pornographic
Material or performance is “pornographic” if all following coalesce
- the average person applying contemporary community standards would find that, taken as a whole, it appeals to the prurient
- it depicts or describes sexual conduct in a patently offensive way
- taken as a whole it lacks serious literary, artistic, political or scientific merits
Define producers
To produce, direct, manufacturer, issue, publish, or advertise
Define visual representation
Refers to but is not limited to, undeveloped film and videotape and date stored on computer disk or by electronic means that are capable of conversion into a visual image