1.__Offense.__A person is guilty of dissemination of sexually explicit material if:

A.__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 the person knows or has reason to know is a minor, engaging in sexually explicit conduct; or

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

Sec. I-50. 17 MRSA §2923, sub-§3, as amended by PL 1993, c. 727, §1, is repealed and the following enacted in its place:

3.__Penalty.__The following penalties for dissemination of sexually explicit materials apply.

A.__Violation of subsection 1, paragraph B is a Class B crime.

B.__Violation of subsection 1, paragraph A is a Class C crime.

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

Sec. I-51. 17 MRSA §2924, sub-§2, as amended by PL 2001, c. 412, §2, is repealed.

Sec. I-52. 17 MRSA §2924, sub-§2-A is enacted 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: