Sec. A-2. 17 MRSA §2922, sub-§2, as repealed and replaced by PL 2003, c. 452, Pt. I, §48 and affected by Pt. X, §2, is repealed.

Sec. A-3. 17 MRSA §2922, sub-§3 is enacted to read:

3.__Mandatory minimum terms of imprisonment.__The following mandatory minimum terms of imprisonment apply to sexual exploitation of a minor.

A.__A court shall impose upon a person convicted under subsection 1, paragraph A or B a sentencing alternative involving a term of imprisonment of at least 5 years.

B.__A court shall impose upon a person convicted under subsection 1, paragraph A-1 or C a sentencing alternative involving a term of imprisonment of at least 10 years.

The court may not suspend a minimum term of imprisonment imposed under paragraph A or B unless it sets forth in detail, in writing, the reasons for suspending the sentence.__The court shall consider the nature and circumstances of the crime, the physical and mental well-being of the minor and the history and character of the defendant and may only suspend the minimum term if it is of the opinion that exceptional features of the case justify the imposition of another sentence.__Title 17-A, section 9-A governs the__use of prior convictions when determining a sentence.

Sec. A-4. 17 MRSA §2923, sub-§1, as repealed and replaced by PL 2003, c. 452, Pt. I, §49 and affected by Pt. X, §2, is amended to read:

1. Offense. A person is guilty of dissemination of sexually explicit material if:

A. The person intentionally or knowingly disseminates or possesses with intent to disseminate any book, magazine, print, negative, slide, motion picture, videotape, computer data file or other mechanically, electronically or chemically reproduced visual image or material that depicts any minor, who the person knows or has reason to know is a minor, engaging in sexually explicit conduct; or.__Violation of this paragraph is a Class C crime;