An Act To Protect Maine's Children from Sexual Abuse and Exploitation
Maine Legislature, Session 127, LD 1114
Committee Amendment CA_A_S369 (Senate)
Amends: 17-A MRSA §282, 17-A MRSA §283, 17-A MRSA §284, 17-A MRSA §511-A

COMMITTEE AMENDMENT "A" to S.P. 386, L.D. 1114, Bill, "An Act To 
Protect Maine's Children from Sexual Abuse and Exploitation" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Sexual Exploitation of Children' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17-A MRSA §282, sub-§1, as amended by PL 2007, c. 476, §§4 and 5, is 
further amended to read: 
1. 
A person is guilty of sexual exploitation of a minor if: 
A. 
Knowing or intending that the conduct will be photographed, the person 
intentionally or knowingly employs, solicits, entices, persuades; or uses or eoffiflels 
another person, not that person's spouse, who is in faet a miner has not in fact 
attained 16 years of age, to engage in sexually explicit conduct, except that it is not a 
violation of this paragraph if the other person is 14 or 15 years of age and the person 
is less than 5 years older than the other person. Violation of this paragraph is a Class 
B crime; 
A-1. 
Knowing or intending that the conduct will be photographed, the person 
intentionally or knowingly compels or induces by any threat another person. not that 
person's spouse, who is in fact a minor. to engage in sexually explicit conduct. 
Violation of this paragraph is a Class B crime; 
B. The person violates paragraph A or A-1 and, at the time of the offense, the person 
has one or more prior convictions under this section or for engaging in substantially 
similar conduct to that contained in this section in another jurisdiction. Violation of 
this paragraph is a Class A crime; 
C. The person violates paragraph A or A-1 and the minor has not in fact attained 12 
years of age. Violation of this paragraph is a Class A crime; 
COMMITTEE AMENDMENT 
~~' 
. 
\'.'): 
't-· 
COMMITTEE AMENDMENT"A "to S.P. 386, L.D. 1114 
D. Being a parent, legal guardian or other person having care or custody of another 
'""' 
person who is ia faet a miaor has not in fact attained 16 years of age, that person 
knowingly or intentionally permits that ffiffi0f person who has not in fact attained 16 
years of age to engage in sexually explicit conduct, knowing or intending that the 
conduct will be photographed. Violation of this paragraph is a Class B crime; 
E. The person violates paragraph D and, at the time of the offense, the person has 
one or more prior convictions under this section or for engaging in substantially 
similar conduct to that contained in this section in another jurisdiction. Violation of 
this paragraph is a Class A crime; or 
F. The person violates paragraph D and the minor has not in fact attained 12 years of 
age. Violation of this paragraph is a Class A crime. 
Sec. 2. 17-A MRSA §282, sub-§2, ,A, as enacted by PL 2003, c. 711, Pt. B, 
§ 12, is amended to read: 
A. A court shall impose upon a person convicted under subsection I, paragraph A, 
A-1 or D a sentencing alternative involving a term of imprisonment of at least 5 
years. 
Sec. 3. 17-A MRSA §283, sub-§1, ,IA, as enacted by PL 2003, c. 711, Pt. B, 
§ 12, is amended to read: 
A. The person intentionally or knowingly disseminates or possesses with intent to 
disseminate any book, magazine, newspaper, print, negative, slide, motion picture, 
videotape, computer data file or other mechanically, electronically or chemically 
reproduced visual image or material that depicts any ffiffief person who has not in fact 
attained 16 years of age who the person knows or has reason to know is a ffiffief 
person under 16 years of age engaging in sexually explicit conduct, except that it is 
not a violation of this paragraph if the person depicted is 14 or 15 years of age and 
the person is less than 5 years older than the person depicted. Violation of this 
paragraph is a Class C crime; 
Sec. 4. 17-A MRSA §284, sub-§1, ,IA, as amended by PL 2011, c. 50, §1, is 
further amended to read: 
A. Intentionally or knowingly transports, exhibits, purchases, possesses or accesses 
with intent to view any book, magazine, newspaper, print, negative, slide, motion 
picture, computer data file, videotape or other mechanically, electronically or 
chemically reproduced visual image or material that the person knows or should 
know depicts another person engaging in sexually explicit conduct, and: 
(I) The other person has not in fact attained 16 years of age; or 
(2) The person knows or has reason to know that the other person has not 
attained 16 years of age. 
It is not a violation of this paragraph if the person depicted is 14 or 15 years of age 
and the person is less than 5 years older than the person depicted. 
Violation of this paragraph is a Class D crime; 
COMMITTEE AMENDMENT 
A~' 
~-
COMMITIEE AMENDMENT" /:J "to S.P. 386, L.D. 1114 
Sec. 5. 17-A MRSA §511-A, sub-§1, ,A, as enacted by PL 2015, c. 339, §1, is 
repealed.' 
SUMMARY 
This amendment replaces the bill and changes the title. This amendment does the 
following. 
1. It amends the law on sexual exploitation of a minor by changing the applicable 
age of protected minors from under 18 years of age to under 16 years of age, except in 
cases of compulsion. It also provides that the law does not apply with respect to a minor 
who is 14 or 15 years old who is employed, solicited, enticed, persuaded or used to 
engage in sexually explicit conduct by a person who is less than 5 years older than the 
minor, unless the person is the minor's parent or legal guardian or has care or custody of 
the minor. 
2. It amends the law on dissemination of sexually explicit material by changing the 
applicable age of protected persons from under 18 years of age to under 16 years of age. 
It also provides that the law does not apply with respect to a person depicted in such 
material if the person is 14 or 15 years old and the person disseminating the material is 
less than 5 years older than the depicted person. 
3. It amends the law on possession of sexually explicit material to exempt from the 
law possession of material in which the depicted person is 14 or 15 years of age and the 
actor is less than 5 years older than the depicted person. 
4. It amends the law on unauthorized dissemination of certain private images to 
remove the requirement that the depicted person be 18 years of age or older for the law to 
apply. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
"'' 
/~1:t,ii 
y\-~--1~!, 
~"-~<\;'..'./ 
·-::::.:..:...::_:..-..:.>· 
Approved: 02/19/16 ;:wac. 
LD 1114 
LR 505(02) 
An Act To Protect Maine's Children from Sexual Abuse and Exploitation 
Fiscal Note for Bill as Amended by Committee Amendment •p;•{S-3<sPI) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
CmTent biennium savings - General Fund 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
Eliminates Class B, C and D crimes; decreases correctional and judicial costs. 
A reduction in fines will decrease General Fund revenue by minor amounts. 
LR0505(02) - Fiscal Note - Page 1 of 1