C.__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 is less than 12 years of age, who the person knows or has reason to know is a minor less than 12 years of age, engaging in sexually explicit conduct.__Violation of this paragraph is a Class B crime; or

D.__The person violates paragraph C and, at the time of the offense, has one or more prior convictions for violating this section.__Violation of this paragraph is a Class A crime.

Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.

Sec. A-5. 17 MRSA §2923, sub-§3, as repealed and replaced by PL 2003, c. 452, Pt. I, §50 and affected by Pt. X, §2, is repealed.

Sec. A-6. 17 MRSA §2924, sub-§2-A, as enacted by PL 2003, c. 452, Pt. I, §52 and affected by Pt. X, §2, is amended to read:

2-A. Offense. A person is guilty of possession of sexually explicit material if that person:

A. Intentionally or knowingly transports, exhibits, purchases or possesses any book, magazine, print, negative, slide, motion picture, computer data file, videotape or other mechanically, electronically or chemically reproduced visual image or material that the person knows or should know depicts another person engaging in sexually explicit conduct, and:

(1) The other person has not in fact attained the age of 14 years; or

(2) The person knows or has reason to know that the other person has not attained the age of 14 years; or.

Violation of this paragraph is a Class D crime;