Violation of this paragraph is a Class C crime; or

D.__Violates paragraph C 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.

Section 9-A governs the use of prior convictions when determining a sentence.

2.__It is a defense to a prosecution under this section that the person depicted was the spouse of the person possessing the sexually explicit material at the time the material was produced.

3.__The age of the person depicted may be reasonably inferred from the depiction.__Competent medical evidence or other expert testimony may be used to establish the age of the person depicted.

4.__Any material that depicts a person who has not attained 14 years of age engaging in sexually explicit conduct is declared to be contraband and may be seized by the State.

§285.__Forfeiture of equipment used to facilitate violations

1.__Upon a finding of guilt of any violation of this chapter, but prior to sentencing, an attorney for the State may, in writing, move the court for an order requiring the forfeiture to the State of any equipment, including computers, that may have facilitated the commission of the offense.__Notice of the motion must be made by the State to the defendant and any party of interest; this notice must be done by registered mail.

2.__If contesting the forfeiture, the defendant or other party-in-interest in the in rem civil forfeiture proceeding may request a jury trial.__Absent that request, the proceeding must be before the court.

3.__At the jury trial or court hearing, the State has the burden of proving to the fact finder by a preponderance of the evidence that the equipment was used in violation of this chapter.

4.__Upon a finding by a preponderance of the evidence that the equipment was used to facilitate the commission of a violation of this chapter, the court shall order the equipment forfeited and may, upon the written recommendation of the attorney for the State, provide in its order for the disposition