1. A person is guilty of a class C felony if, knowing of its character and content, that person knowingly possesses any motion picture, computer-generated image, photograph, or other visual representation that includes sexual conduct by a minor.

2. An individual violating this section is guilty of a class B felony if: a. The offense involved twenty or more images; b. The offense involved sadistic or masochistic conduct or other depictions of violence; c. The offense involved sexual bestiality; d. The offense involves a prepubescent minor or a minor under twelve years of age; or e. The individual has previously been convicted of an offense subject to registration under section 12.1-32-15.

3. This section does not impose liability on the provider of an interactive computer service, as defined in 47 U.S.C. 230, or an internet service provider, cloud computer provider, cybersecurity provider, communication service provider, or information service or telecommunication service network, as defined in 47 U.S.C. 153, for any content provided by another person.