DE HB428

Adds "partial nudity" to the definition of "prohibited sexual act" in § 1100, defined as scantily clothed children posed provocatively or in a fashion intended to arouse for sexual stimulation or gratification purposes.

Sexual exploitation of a child under § 1108 is a Class B felony, but reduced to a Class D felony if the prohibited sexual act involves only partial nudity as defined in the bill.

Dealing in child pornography under § 1109 is a Class B felony, but reduced to a Class D felony if the prohibited sexual act involves only partial nudity as defined in the bill.

Second or subsequent convictions for dealing in child pornography (§ 1109) remain Class B felonies, while second or subsequent convictions for sexual exploitation of a child (§ 1108) result in life imprisonment sentences.

Creates a new § 1110A establishing that persons can only be charged with sexual exploitation or dealing in child pornography involving partial nudity if they are 18 years of age or older.