Solicitation or production of an indecent picture of a minor.

(a) An offender commits the crime of solicitation or production of an indecent picture of a minor if, under circumstances not proscribed under AS 11.41.455 or AS 11.61.123 , the offender being 18 years of age or older (1) solicits a picture of the genitals, anus, or female breast of another person and the (A) person solicited is under 16 years of age and at least four years younger than the offender; or

(B) offender believes that the other person is under 16 years of age and at least four years younger than the offender; or

(2) produces a picture of the genitals, anus, or female breast of another person and the (A) person shown in the picture is under 16 years of age and at least four years younger than the offender; or

(B) offender believes that the other person is under 16 years of age and at least four years younger than the offender.

(b) In a prosecution under (a) of this section, it is not a defense that the person solicited or shown in the picture was not actually a person under 16 years of age and at least four years younger than the offender.

(c) In a prosecution under (a)(1) of this section, it is not necessary for the prosecution to show that a picture was actually produced.

(d) The provisions of this section do not apply to acts (1) that may reasonably be construed to be normal caretaker responsibilities for a child, interactions with a child, or affection for a child; or

(2) performed for the purpose of administering a recognized and lawful form of treatment that is reasonably adapted to promoting the physical or mental health of the person being treated.

(e) In this section, “picture” has the meaning given in AS 11.61.123 (e).

(f) Solicitation or production of an indecent picture of a minor is a (1) class C felony if an offender (A) violates (a)(1) of this section and the person solicited is under 13 years of age; or

(B) violates (a)(2) of this section;

(2) class A misdemeanor if an offender violates (a)(1) of this section and the person solicited is 13 years of age or older.