A felony, which most often occurs when the child dies. The penalty for child molestation in the first degree involving a child under 14 years of age is increased to a class B felony. A felony if the child received serious physical injury, the defendant is a repeat offender, displayed a weapon or subjected the victim to intercourse or deviate sexual intercourse with more than one person. The penalty for child molestation in the second degree involving a person under 17 is a class A misdemeanor. The crime will be a class D felony if the victim received serious physical injury, the defendant is a repeat offender, displayed a weapon or subjected the victim to intercourse or deviate sexual intercourse with more than one person.
Genital mutilation is a class B felony.
An assertion that the mutilation is a matter of custom or practice or that the parents consented is not an affirmative defense. However, medical personnel performing procedures for medical purposes are entitled to an affirmative defense. Computer providers, installers or repair persons, and Internet service providers now have a duty to report any film or photographic print media images of a child younger than 17 engaged in sexual conduct. However, the act does not require providers to monitor their customers. Revises child pornography laws with respect to using the computer to distribute pornographic material and increases crimial penalties.