(1) Terms defined in Sections 76-1-101.5, 76-5c-101, and 76-5c-201 apply to this section.
(2) An actor commits conspiracy to commit a pornographic or harmful materials violation if the actor conspires with two or more persons to commit a violation of this chapter.
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony subject to:
(i) a minimum mandatory fine of not less than $1,000; and
(ii) incarceration, without suspension of the sentence in any way, for a term of not less than 60 days.
(b) A violation of Subsection (2) is a second degree felony if the actor has previously been convicted of a violation of Subsection (2) and is subject to:
(i) a minimum mandatory fine of not less than $5,000; and
(ii) incarceration, without suspension of the sentence in any way, for a term of not less than one year.
(4) Subsection (3) supersedes Section 77-18-105.