Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 2824 (2026)

Promoting a recording of sexual conduct

✓ current as of May 2026

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(Cite as: 13 V.S.A. § 2824)

§ 2824. Promoting a recording of sexual conduct

(a) No person may, with knowledge of the character and content, promote any photograph, film, or visual recording of sexual conduct by, with, or on a child, or of a lewd exhibition of a child’s genitals or anus. This subsection does not apply to paintings, drawings, or to nonvisual or written descriptions of sexual conduct.

(b) In any prosecution arising under this section, the defendant may raise any of the following affirmative defenses:

(1) that the recording was promoted for a bona fide medical, psychological, social work, legislative, judicial, or law enforcement purpose, by or to a physician, psychologist, social worker, legislator, judge, prosecutor, law enforcement officer, or other person having such a bona fide interest in the subject matter;

(2) that the defendant was a bona fide school, museum, or public library, or was a person acting in the course of employment as an employee or official of such an organization or of a retail outlet affiliated with and serving the educational or intended purpose of that school, museum, or library; or

(3) that the defendant in good faith had a reasonable basis to conclude that the child in fact had attained 16 years of age when the recording was made. (Added 1983, No. 92; amended 1999, No. 122 (Adj. Sess.), § 3; 2019, No. 132 (Adj. Sess.), § 1.)

Notes of Decisions

Cited in 3 cases, 1993–2005 · leading case: Outmezguine v. State, 641 A.2d 870 (Md. 1994).

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Outmezguine v. State, 641 A.2d 870 (Md. 1994). · cites it 2× “§ 76 -5a-3 (1990); Vt. Stat. Ann. tit. 13, § 2824 (Supp. 1993); Wash.”

Gendreau v. Gorczyk, 641 A.2d 95 (Vt. 1993). “These memoranda were an inquiry from an attorney in the Human Services Division to an attorney in the attorney general’s office about whether the corrections depart *598 ment’s clinical use of pornography would be an affirmative defense to criminal prosecution and a response…”

Fraser v. Sleeper (Vt. Super. Ct. 2005). “] 13 V.S.A. § 2824(b). Thus, the conclusion is clear: the Legislature knew how to make “bona fide use” an affirmative defense, and it did not do so in the section at issue here.”

— Vt. Stat. Ann. tit. 13, § 2824(b) — 1 case

— Vt. Stat. Ann. tit. 13, § 2824(b)(1) — 1 case

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