(1) A person is guilty of advertising material portraying a sexual performance by a minor when, having knowledge of its content and character thereof, he or she writes or create s advertising or solicits anyone to publish such advertising or otherwise promotes the sale or distribution of matter portraying a sexual performance by a minor or a computer-generated image of a minor. (2) Advertising material portraying a sexual performance by a minor is a: (a) Class D felony for the first offense; and (b) Class C felony for the second or subsequent offense.
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