(a) Except as provided in subsection (b) of this Code section, any person who violates any provision of Code Section 16-12-103 or 16-12-104 shall be guilty of a misdemeanor of a high and aggravated nature.
(b) Any person who violates subsection (a) of Code Section 16-12-103 shall be guilty of a misdemeanor if: (1) The person depicted was at least 14 years of age; (2) The items described in subsection (a) of Code Section 16-12-103 were furnished or disseminated with the permission of the minor depicted; and (3) The defendant was 18 years of age or younger at the time of the offense.