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| 2.__The following mandatory minimum terms of imprisonment apply to | | sexual exploitation of a minor. |
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| | | A.__A court shall impose upon a person convicted under | | subsection 1, paragraph A or D a sentencing alternative | | involving a term of imprisonment of at least 5 years. |
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| | | B.__A court shall impose upon a person convicted under | | subsection 1, paragraph B or E a sentencing alternative | | involving a term of imprisonment of at least 10 years. |
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| | | The court may not suspend a minimum term of imprisonment imposed | | under this section 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 |
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| | | mental well-being of the minor and the history and character of | | the defendant and may only suspend the minimum term if the court | | is of the opinion that the exceptional features of the case | | justify the imposition of another sentence.__Section 9-A governs | | the use of prior convictions when determining a sentence. |
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| | | §283.__Dissemination of sexually explicit material |
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| | | 1.__A person is guilty of dissemination of sexually explicit | | material if: |
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| | | A.__The person intentionally or knowingly disseminates or | | possesses with intent to disseminate any book, magazine, | | newspaper, 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.__Violation of this paragraph is a Class C crime; |
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| | | B.__The person violates paragraph A and, at the time of the | | offense, has one or more prior convictions for violating | | this section.__Violation of this paragraph is a Class B | | crime; |
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| | | C.__The person intentionally or knowingly disseminates or | | possesses with intent to disseminate any book, magazine, | | newspaper, 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 is less than 12 years of | | age who the person knows or has reason to know is a minor | | less than 12 years of age engaging in sexually explicit | | conduct.__Violation of this paragraph is a Class B crime; or |
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