An Act To Amend the Laws Governing Indecent Conduct To Include Distribution of Photographic Images (AFTER DEADLINE)
Maine Legislature, Session 128, LD 1838
Committee: Criminal Justice and Public Safety
Sponsors: CARPENTER, HERBIG, BELLOWS, DESCHAMBAULT, DIAMOND, DILL, KEIM, MILLETT
Amends: 17-A MRSA §854

Legislative Document
No. 1838
S.P. 690
In Senate, February 13, 2018
An Act To Amend the Laws Governing Indecent Conduct To 
Include Distribution of Photographic Images
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
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 CARPENTER of Aroostook.
Cosponsored by Representative HERBIG of Belfast and
Senators: BELLOWS of Kennebec, DESCHAMBAULT of York, DIAMOND of Cumberland, 
DILL of Penobscot, KEIM of Oxford, MILLETT of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §854, sub-§1, ¶C-1 is enacted to read:
C-1.  The actor exposes the actor's genitals with the intent to create images that the 
actor transmits to another person by mechanical or electronic means under 
circumstances that in fact are likely to cause affront or alarm.  Violation of this 
paragraph is a Class E crime;
Sec. 2.  17-A MRSA §854, sub-§1, ¶D, as amended by PL 2007, c. 476, §32, is 
further amended to read:
D.  The actor violates paragraph B and the actor has 2 or more prior convictions for 
any combination of the following:  violating this section or section 256 or for 
engaging in substantially similar conduct to that of the Maine offenses listed in this 
paragraph in another jurisdiction.  Section 9-A governs the use of prior convictions 
when determining a sentence.  Violation of this paragraph is a Class D crime; or
Sec. 3.  17-A MRSA §854, sub-§1, ¶E, as amended by PL 2007, c. 476, §33, is 
further amended to read:
E.  The actor violates paragraph C and the actor has 2 or more prior convictions for 
any combination of the following:  violating this section or section 256 or for 
engaging in substantially similar conduct to that of the Maine offenses listed in this 
paragraph in another jurisdiction.  Section 9-A governs the use of prior convictions 
when determining a sentence.  Violation of this paragraph is a Class D crime.; or
Sec. 4.  17-A MRSA §854, sub-§1, ¶F is enacted to read:
F.  The actor violates paragraph C-1 and the actor has 2 or more prior convictions for 
any combination of the following:  violating this section or section 256 or for 
engaging in substantially similar conduct to that of the Maine offenses listed in this 
paragraph in another jurisdiction.  Section 9-A governs the use of prior convictions 
when determining a sentence.  Violation of this paragraph is a Class D crime.
SUMMARY
This bill provides that a person is guilty of the Class E crime of indecent conduct if 
the actor exposes the actor's genitals with the intent to create images that the actor 
transmits to another person by mechanical or electronic means under circumstances that 
in fact are likely to cause affront or alarm.  It also provides that a subsequent violation by 
a person who has 2 or more prior convictions for indecent conduct or visual sexual 
aggression against a child is a Class D crime.