In a prosecution under this section, the trier of fact may infer that a participant in sexual activity depicted in material as a minor through its title, text, visual representations, or otherwise, is a minor. Mistake of age is not a defense to a prosecution under this section. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not less than two years nor or more than five years. However, if the minor involved in this offense is under the age of twelve years, an individual who violates this section, upon conviction, must be imprisoned for not less than four years or more than ten years. No part of the minimum sentence may be suspended nor is and the individual convicted is not eligible for parole until he has served the minimum sentence.
Possession includes images stored on computer.
This act takes effect upon approval by the Governor.