A. Knowing or intending that the conduct will be photographed, he the person intentionally or knowingly employs, solicits, entices, persuades, uses or compels another person, not his that person's spouse, who is in fact a minor, to engage in sexually explicit conduct; or

A-1.__The person violates paragraph A and, at the time of the offense, has one or more prior convictions for violating this section;

B. Being a parent, legal guardian or other person having care or custody of another person, who is in fact a minor, he that person knowingly or intentionally permits that minor to engage in sexually explicit conduct, knowing or intending that the conduct will be photographed.; or

C.__The person violates paragraph B and, at the time of the offense, has one or more prior convictions for violating this section.

Sec. I-48. 17 MRSA §2922, sub-§2, as enacted by PL 1977, c. 628, §1, is repealed and the following enacted in its place:

2.__Penalty.__The following penalties apply to sexual exploitation of a minor.

A.__A person who violates subsection 1, paragraph A-1 or subsection 1, paragraph C commits a Class A crime.__The court shall impose a sentencing alternative involving a term of imprisonment of at least 10 years.

B.__A person who violates subsection 1, paragraph A or subsection 1, paragraph B, commits a Class B crime.__The court shall impose a sentencing alternative involving a term of imprisonment of at least 5 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 the 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.