(a) No person shall, by means of threat, enticement or otherwise, photograph, in either the still or the moving mode, any nude child under sixteen years of age with the knowledge of such child, whether or not the offender knows the age of such child or other person and whether or not such photographs are for commercial or private purposes.
(b) It is an affirmative defense to a charge under this section that, prior to such photographing, the photographer had the express consent of the parents or guardians of the subject child to photograph the child in the nude.
(c) Whoever violates this section is guilty of a felony of the fourth degree, with a penalty of a term of imprisonment between six months and five years, and a fine of no more than two thousand five hundred dollars ($2,500), or both. Should a violation of this section be accompanied by acts or threats of violence, the offender shall be guilty of a felony of the second degree, with a penalty of a term of imprisonment of between two and fifteen years, and a fine of not more than seven thousand five hundred dollars ($7,500), or both.
(Ord. 70-1984. Passed 9-25-84.)