An Act To Protect Maine's Children from Sexual Abuse and Exploitation
Maine Legislature, Session 127, LD 1114
Committee: Criminal Justice and Public Safety
Sponsors: DIAMOND, LONG, BURNS, CUSHING, HASKELL, ROSEN, DION, GUERIN
Amends: 17-A MRSA §259-A, 17-A MRSA §282-A, 17-A MRSA §283-A, 17-A MRSA §285

Legislative Document 
No. 1114 
S.P. 386 
In Senate, March 26, 2015 
An Act To Protect Maine's Children from Sexual Abuse and 
Exploitation 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator DIAMOND of Cumberland. 
Cosponsored by Representative LONG of Sherman and 
Senators: BURNS of Washington, CUSHING of Penobscot, HASKELL of Cumberland, 
ROSEN of Hancock, Representatives: DION of Portland, GUERIN of Glenburn. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §259-A, sub-§1, ¶B, as enacted by PL 2011, c. 597, §3, is 
amended to read: 
B.  The actor, with the intent to engage in a prohibited act with the other person, 
knowingly solicits directly or indirectly that person by any means to engage in a 
prohibited act and the actor: 
(1)  Is at least 16 years of age; 
(2)  Knows or believes that the other person is less than 12 13 years of age; and 
(3)  Is at least 3 years older than the age expressed by the other person. 
Violation of this paragraph is a Class C crime. 
Sec. 2.  17-A MRSA §282-A is enacted to read: 
§282-A.  Exploitive travel 
1.   A person is guilty of exploitive travel if the actor: 
A.  Is at least 18 years of age; and 
B.  Knowingly travels any distance either within this State, to this State or from this 
State by any means, or attempts to do so, or causes another person to do so or to 
attempt to do so, in order to: 
(1)  Seduce, solicit, lure or entice, or attempt to seduce, solicit, lure or entice, a 
child, or a person believed by the actor to be a child, to engage in a prohibited 
act; or 
(2)  Solicit, lure or entice, or attempt to solicit, lure or entice, a parent, legal 
guardian or custodian of a child, or a person believed by the actor to be a parent, 
legal guardian or custodian of a child, to consent to the participation of that child 
in a prohibited act. 
2.   For the purposes of this section, the following terms have the following 
meanings. 
A.  "Child" means a person who is less than 12 years of age. 
B.  "Prohibited act" means: 
(1)  A sexual act as defined in section 251, subsection 1, paragraph C; 
(2)  Sexual contact as defined in section 251, subsection 1, paragraph D; or 
(3)  Sexual exploitation of a minor pursuant to section 282. 
3.   Violation of this section is a Class C crime. 
Sec. 3.  17-A MRSA §283-A is enacted to read: 
§283-A.  Unlawful electronic transmission of image or video depicting sexually 
explicit conduct 
1.   A person is guilty of unlawful electronic transmission of an image or video 
depicting sexually explicit conduct if the actor: 
A.  Is at least 18 years of age; and 
B.  Knowingly electronically transmits to another person known or believed by the 
actor to be less than 14 years of age: 
(1)  An image or video that depicts sexually explicit conduct; or 
(2)  An Internet link to an image, video or website that depicts sexually explicit 
conduct. 
2.   For the purposes of this section, "electronically transmit" means to send by 
electronic means, including, but not limited to, by electronic mail or text messaging or 
through social media or a community online forum. 
3.   Violation of this section is a Class D crime, except that: 
A.  If the person the actor knows or believes to be viewing the image or video is less 
than 12 years of age, violation of this section is a Class C crime; or 
B.  If the person the actor knows or believes to be viewing the image or video is less 
than 10 years of age, violation of this section is a Class B crime. 
Sec. 4.  17-A MRSA §285, as enacted by PL 2003, c. 711, Pt. B, §12, is amended 
to read: 
§285.  Forfeiture of equipment and other property items used to facilitate or commit 
violations of this chapter 
1.  Upon a finding of guilt of any violation of this chapter, but prior to sentencing, an 
attorney for the State may, in writing, move the court for an order requiring the forfeiture 
to the State of any equipment, including computers, as well as any conveyances and 
money instruments under Title 15, chapter 517, that may have facilitated the commission 
of the offense or been used to commit the offense.  Notice of the motion must be made by 
the State to the defendant and any party of interest; this notice must be done by registered 
mail. 
2.  If contesting the forfeiture, the defendant or other party-in-interest in the in rem 
civil forfeiture proceeding may request a jury trial.  Absent that request, the proceeding 
must be before the court. 
3.  At the jury trial or court hearing, the State has the burden of proving to the fact 
finder by a preponderance of the evidence that the equipment, conveyance or money 
instrument was used in violation of this chapter. 
4.  Upon a finding by a preponderance of the evidence that the equipment, 
conveyance or money instrument was used to facilitate the commission of a violation of 
this chapter or commit a violation of this chapter, the court shall order the equipment, 
conveyance or money instrument forfeited and may, upon the written recommendation of 
the attorney for the State, provide in its order for the disposition or use of the equipment, 
conveyance or money instrument by any state, county or municipal law enforcement 
agency that made a substantial contribution to the investigation or prosecution of the case.  
Any equipment or conveyance forfeited that is not transferred to an investigating or 
prosecuting agency must be sold and the proceeds deposited in the General Fund.  Any 
money instrument that is not transferred to an investigating or prosecuting agency must 
be deposited in the General Fund. 
5.    The Attorney General may adopt by rule guidelines regulating the disposition 
and use of property forfeited or sought for forfeiture under this section.  Rules adopted 
under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
SUMMARY 
This bill amends the law regarding solicitation of a child to commit a prohibited act 
and creates the crimes of exploitive travel and unlawful electronic transmission of an 
image or video depicting sexually explicit conduct. The bill also amends the criminal 
forfeiture provisions of the sexual exploitation of minors laws to include conveyances and 
money instruments as items in addition to computer equipment that may be subject to 
forfeiture proceedings.