B.__For the purpose of arousing or gratifying sexual desire, the actor, having in fact attained 18 years of age, exposes the actor's genitals to another person or causes the other person to expose that person's genitals to the actor and the other person, not the actor's spouse, has not in fact

attained 12 years of age.__Violation of this paragraph is a Class C crime.

Sec. B-5. 17-A MRSA §258, sub-§1, as enacted by PL 1997, c. 143, §1, is amended to read:

1. A person is guilty of sexual misconduct with a child under 14 years of age if that person, having in fact attained 18 years of age, knowingly displays any sexually explicit materials to another person, not the actor's spouse, who has not in fact attained the age of 14 years, with the intent to encourage the other person to engage in a sexual act or sexual contact. Violation of this subsection is a Class D crime.

Sec. B-6. 17-A MRSA §258, sub-§1-A is enacted to read:

1-A.__A person is guilty of sexual misconduct with a child under 12 years of age if that person, having in fact attained 18 years of age, knowingly displays any sexually explicit materials to another person, not the actor's spouse, who has not in fact attained 12 years of age, with the intent to encourage the other person to engage in a sexual act or sexual contact.__Violation of this subsection is a Class C crime.

Sec. B-7. 17-A MRSA §258, sub-§2, as enacted by PL 1997, c. 143, §1, is amended to read:

2. As used in this section, "sexually explicit materials" means any book, magazine, print, negative, slide, motion picture, videotape or other mechanically reproduced visual material that the person knows or should know depicts a person, minor or adult, engaging in sexually explicit conduct, as that term is defined in Title 17, section 2921, subsection 5 281.