C. 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 12 years of age; or

(2)__The person knows or has reason to know that the other person has not attained 12 years of age.

Violation of this paragraph is a Class C crime; or

D.__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 B crime.

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

Sec. A-7. 17 MRSA §2924, sub-§5, as repealed and replaced by PL 2003, c. 452, Pt. I, §53 and affected by Pt. X, §2, is repealed.

Sec. A-8. 17-A MRSA §253, sub-§1, as amended by PL 2001, c. 383, §14 and affected by §156, is further amended to read:

1. A person is guilty of gross sexual assault if that person engages in a sexual act with another person and:

A. The other person submits as a result of compulsion, as defined in section 251, subsection 1, paragraph E. Violation of this paragraph is a Class A crime; or

B. The other person, not the actor's spouse, has not in fact attained the age of 14 years. Violation of this paragraph is a Class A crime.; or

C.__The other person, not the actor's spouse, has not in fact attained 12 years of age.__Violation of this paragraph is a Class A crime.