1. A person shall not knowingly and willfully have in his or her possession for any purpose any: (a) Film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct; or (b) Computer-generated child sexual abuse material. 2. Subject to subsection 3, a person who violates the provisions of subsection 1: (a) For the first offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. (b) For any subsequent offense, is guilty of a category A felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of life with the possibility of parole, and may be further punished by a fine of not more than $5,000. 3. Each person under the age of 16 years depicted in any film, photograph or other visual presentation, as described in paragraph (a) of subsection 1, and each visual depiction or representation of a child in any computer-generated child sexual abuse material, as described in paragraph (b) of subsection 1, respectively, constitutes a separate offense for the purpose of this section.
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