HB 1385 Summary: Child Pornography

• Expands definition of "child pornography" to include visual depictions that appear to show a minor engaging in sexual conduct, including images created, adapted, or modified to appear that way.

• Eliminates requirement to prove the actual identity of a minor in child pornography cases; defines "minor" as a person under 18 at the time of creation or whose recognizable image was used in the depiction.

• Classifies possession with intent to promote child pornography as a second-degree felony; classifies knowing possession, control, or intentional viewing of child pornography as a third-degree felony.

• Updates the Criminal Punishment Code offense severity ranking chart to reflect possession of child pornography offenses under section 827.071.

• Effective date: October 1, 2012.