An Act to Protect Children and Adults from Technology-facilitated
Maine Legislature, Session 132, LD 1944
Committee: Judiciary
Sponsors: KUHN
Amends: 17-A MRSA §281, 17-A MRSA §282, 17-A MRSA §283, 17-A MRSA §284, 17-A MRSA §511-A, 19-A MRSA §4102

Legislative Document
No. 1944
H.P. 1303
House of Representatives, May 7, 2025
An Act to Protect Children and Adults from Technology-facilitated 
Sexual Abuse
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative KUHN of Falmouth.
Cosponsored by Representatives: LEE of Auburn, SATO of Gorham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §281, as enacted by PL 2003, c. 711, Pt. B, §12, is amended to 
read:
§281.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.   "Disseminate" means to manufacture, publish, send, promulgate, distribute, exhibit, 
issue, furnish, sell or transfer or to offer or agree to do any of these acts.
1-A.   "Child sexual abuse material" means any image or computer-generated image 
that depicts or appears to depict a minor engaged in, participating in, observing or being 
used for sexually explicit conduct.
1-B.   "Generative AI or machine learning" means any computer algorithm or model 
that creates content, including, but not limited to, text, images, audio or video.
1-C.   "Identifiable child" means a person:
A.  Who was a minor at the time the image was created or whose likeness as a minor 
was used in creating, adapting or modifying the image; and
B.  Who is recognizable as an actual person by that person's face, likeness or other 
distinguishing characteristic, such as a unique birthmark or other recognizable feature.
"Identifiable child" does not require proof of the actual identity of the identifiable child.
1-D.   "Image" means something that is made, captured, generated or saved as a print, 
negative, slide, motion picture, photograph, computer data file, animation, videotape, 
livestream or other mechanically, electronically or chemically reproduced visual image or 
material.
2.   "Minor" means a person who has not attained 18 years of age or an identifiable 
child who has not attained 18 years of age.
3.   "Photograph" means to make, capture, generate or save a print, negative, slide, 
motion picture, computer data file, videotape or other mechanically, electronically or 
chemically reproduced visual image or material.
3-A.   "Obscene material" means material that:
A.  To the average individual, applying contemporary community standards with 
respect to what is suitable material for minors considered as a whole, appeals to the 
prurient interest;
B.  Depicts or describes, in a patently offensive manner, ultimate sexual acts, excretory 
functions, masturbation or lewd exhibition of the genitals; and
C.  Considered as a whole, lacks serious literary, artistic, political or scientific value.
4.   "Sexually explicit conduct" means any of the following acts:
A.  A sexual act;
B.  Bestiality;
C.  Masturbation;
D.  Sadomasochistic abuse for the purpose of sexual stimulation;
E.  Lewd exhibition of the genitals, anus or pubic area of a person.  An exhibition is 
considered lewd if the exhibition is designed for the purpose of eliciting or attempting 
to elicit a sexual response in the intended viewer; or
F.  Conduct that creates the appearance of the acts in paragraphs A to D and also 
exhibits any uncovered or covered portions of the genitals, anus or pubic area.
Sec. 2.  17-A MRSA §282, as amended by PL 2019, c. 113, Pt. B, §15, is further 
amended to read:
§282.  Sexual exploitation of minor
1.   A person is guilty of sexual exploitation of a minor if:
A.  Knowing or intending that the conduct will be photographed used to create an image 
and, for the purpose of arousing or gratifying the sexual desire of that person or another 
person, the person intentionally or knowingly employs, solicits, entices, persuades or 
uses another person an identifiable child, not that person's spouse, who has not in fact 
attained 16 years of age, to engage in sexually explicit conduct or create child sexual 
abuse material, except that it is not a violation of this paragraph if the other person 
identifiable child is 14 or 15 years of age and the person is less than 5 years older than 
the other person identifiable child.  Violation of this paragraph is a Class B crime;
A-1.  Knowing or intending that the conduct will be photographed used to create an 
image, 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;
A-2.  The person intentionally or knowingly modifies or alters an image to depict child 
sexual abuse material and the identifiable child depicted is a minor. Violation of this 
paragraph is a Class B crime;
A-3.  The person intentionally or knowingly manufactures or creates an image, 
including using generative AI or machine learning, and the person knows or should 
know that the material depicts child sexual abuse material and is obscene material. 
Violation of this paragraph is a Class B crime.
This paragraph does not apply to any noncommercial dissemination, distribution or 
exhibition for purely educational purposes by any library, art gallery, museum, public 
school, private school or institution of learning, nor to any commercial distribution or 
exhibition by any art gallery or museum;
B.  The person violates paragraph A or, A‑1, A-2 or A-3 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, A-2 or A-3 and the minor or identifiable 
child has not in fact attained 12 years of age.  Violation of this paragraph is a Class A 
crime;
D.  Being a parent, legal guardian or other person having care or custody of another 
person who has not in fact attained 16 years of age, that person knowingly or 
intentionally or knowingly permits that 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 create child sexual abuse material.  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.
2.   The following mandatory minimum terms of imprisonment apply to sexual 
exploitation of a minor.
A.  A court shall impose upon a person convicted under subsection 1, paragraph A, 
A‑1, A-2, A-3 or D a sentencing alternative involving a term of imprisonment of at 
least 5 years.
B.  A court shall impose upon a person convicted under subsection 1, paragraph B or 
E a sentencing alternative involving a term of imprisonment of at least 10 years.
The court may not suspend a minimum term of imprisonment imposed under this section 
unless it sets forth in detail, in writing, the reasons for suspending the sentence. The court 
shall consider the nature and circumstances of the crime, the physical and mental well-
being of the minor and the history and character of the defendant and may only suspend 
the minimum term if the court is of the opinion that the exceptional features of the case 
justify the imposition of another sentence.  Section 9‑A governs the use of prior convictions 
when determining a sentence.
3.  Aggravating sentencing factor of victim minor under 12 years of age.  If the 
State pleads and proves that a crime under this section was committed against an individual 
identifiable child who had not obtained 12 years of age or that depicts a minor who had not 
attained 12 years of age, the court, in determining the appropriate sentence, shall treat the 
age of the victim identifiable child or minor as an aggravating sentencing factor.
4.   A person is subject to prosecution in this State if the person or the identifiable child 
was in the State at the time of the offense.
5.   If it appears from the nature of an image as described in subsection 1 or the 
circumstances of the image's dissemination, distribution or exhibition that the image is 
designed for clearly defined deviant sexual groups, the appeal of the image must be judged 
with reference to its intended recipient group.
6.   In prosecutions under this chapter, if circumstances of production, presentation, 
sale, dissemination, distribution or exhibition indicate that an image as described in 
subsection 1 is being exploited by the defendant for the sake of its prurient appeal, this 
evidence is probative with respect to the nature of the image and may justify the conclusion 
that the image lacks serious literary, artistic, political or scientific value.
7.   In prosecutions under this chapter, in determining whether the image taken as a 
whole lacks serious literary, artistic, political or scientific value in description or 
representation of the image as described in subsection 1, the fact that the defendant knew 
that the image depicts a minor under 16 years of age engaged in sexually explicit conduct, 
as defined in section 281, subsection 4, is a factor that may be considered in making that 
determination.
Sec. 3.  17-A MRSA §283, as amended by PL 2015, c. 394, §3, is further amended 
to read:
§283.  Dissemination of sexually explicit child sexual abuse material
1.   A person is guilty of dissemination of sexually explicit child sexual abuse material 
if:
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 child sexual abuse material that depicts or has been 
modified to depict any person identifiable child who has not in fact attained 16 years 
of age who the person knows or has reason to know is a person an identifiable child 
under 16 years of age engaging in sexually explicit conduct, except that it is not a 
violation of this paragraph if the person depicted identifiable child is 14 or 15 years of 
age and the person is less than 5 years older than the person depicted identifiable child.  
Violation of this paragraph is a Class C crime;
A-1.  The person intentionally or knowingly disseminates or possesses with intent to 
disseminate any child sexual abuse material, including an image created using 
generative AI or machine learning, or material that the person knows or should know 
depicts or attempts to depict a minor under 16 years of age engaging in sexually explicit 
conduct and is obscene material.  It is not a violation of this paragraph if the minor 
depicted is 14 or 15 years of age and the person is less than 5 years older than the 
minor. Violation of this paragraph is a Class C crime;
B.  The person violates paragraph A or A-1 and, at the time of the offense, 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 B crime;
C.  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 child sexual abuse material that depicts any minor or has 
been modified to depict an identifiable child who is less than 12 years of age who the 
person knows or has reason to know is a minor less than 12 years of age engaging in 
sexually explicit conduct.  Violation of this paragraph is a Class B crime; or
C-1.  The person intentionally or knowingly disseminates or possesses with intent to 
disseminate any child sexual abuse material, including an image created using 
generative AI or machine learning, or material that the person knows or should know 
depicts or attempts to depict a minor under 12 years of age engaging in sexually explicit 
conduct and is obscene material.  Violation of this paragraph is a Class B crime; or
D.  The person violates paragraph C or C-1 and, at the time of the offense, 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.
Section 9‑A governs the use of prior convictions when determining a sentence.
2.   For the purposes of this section, possession of 10 100 or more copies images of any 
of the materials as described in subsection 1 gives rise to a permissible inference under the 
Maine Rules of Evidence, Rule 303 that the person possesses those items with intent to 
disseminate.
3.   For purposes of this section, any element of age of the person depicted means the 
age of the person identifiable child at the time the sexually explicit conduct occurred, not 
the age of the person identifiable child depicted at the time of dissemination or possession 
of the sexually explicit visual image or material.
4.   For purposes of this section, if it appears from the nature of an image as described 
in subsection 1 or the circumstances of the image's dissemination, distribution or exhibition 
that the image is designed for clearly defined deviant sexual groups, the appeal of the image 
must be judged with reference to its intended recipient group.
5.   In prosecutions under this chapter, if circumstances of production, presentation, 
sale, dissemination, distribution or publicity indicate that an image as described in 
subsection 1 is being exploited by the defendant for the sake of its prurient appeal, this 
evidence is probative with respect to the nature of the image and may justify the conclusion 
that the image lacks serious literary, artistic, political or scientific value.
6.   In prosecutions under this chapter, in determining whether an image as described 
in subsection 1 taken as a whole lacks serious literary, artistic, political or scientific value 
in description or representation of the image, the fact that the defendant knew that the image 
depicts a minor under 16 years of age engaged in sexually explicit conduct, as defined in 
section 281, subsection 4, is a factor that may be considered in making that determination.
7.   This section does not apply to any noncommercial dissemination, distribution or 
exhibition for purely educational purposes by any library, art gallery, museum, public 
school, private school or institution of learning, nor to any commercial distribution or 
exhibition by any art gallery or museum.
Sec. 4.  17-A MRSA §284, as amended by PL 2015, c. 394, §4, is further amended 
to read:
§284.  Possession of sexually explicit child sexual abuse material
1.   A person is guilty of possession of sexually explicit child sexual abuse material if 
that person:
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 child sexual abuse material that the person 
knows or should know depicts another person engaging in sexually explicit conduct, 
and, or has been modified to depict:
(1)  The other person An identifiable child who has not in fact attained 16 years of 
age; or
(2)  The An identifiable child who 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 identifiable child is 14 or 
years of age and the person is less than 5 years older than the person depicted 
identifiable child.
Violation of this paragraph is a Class D crime;
A-1.  Intentionally or knowingly transports, exhibits, purchases, possesses or accesses 
with intent to view any child sexual abuse material, including an image created using 
generative AI or machine learning, or material that:
(1)  The person knows or has reason to know depicts or attempts to depict a minor 
under 16 years of age engaging in sexually explicit conduct; and
(2)  Is obscene material.
Violation of this paragraph is a Class D crime;
B.  Violates paragraph A or A-1 and, at the time of the offense, 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 
C crime;
C.  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 child sexual abuse material that the person 
knows or should know depicts another person engaging in sexually explicit conduct, 
and, or has been modified to depict:
(1)  The other person An identifiable child who has not in fact attained 12 years of 
age; or
(2)  The An identifiable child who the person knows or has reason to know that the 
other person has not attained 12 years of age.
Violation of this paragraph is a Class C crime; or
C-1.  Intentionally or knowingly transports, exhibits, purchases, possesses or accesses 
with intent to view any child sexual abuse material, including an image created using 
generative AI or machine learning, or material that:
(1)  The person knows or has reason to know depicts a minor under 12 years of age 
engaging in sexually explicit conduct; and
(2)  Is obscene material.
Violation of this paragraph is a Class C crime; or
D.  Violates paragraph C or C-1 and, at the time of the offense, 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 
B crime.
Section 9‑A governs the use of prior convictions when determining a sentence.
2.   It is a defense to a prosecution under this section that the person depicted was the 
spouse of the person possessing the sexually explicit material at the time the material was 
produced.
3.   The age of the person depicted and that the person depicted is an actual person may 
be reasonably inferred from the depiction.  Competent medical evidence or other expert 
testimony may be used to establish the age and authenticity of the person depicted.
4.   Any material that depicts a person who has not attained 16 years of age engaging 
in sexually explicit conduct is declared to be contraband and may be seized by the State.
5.   For purposes of this section, any element of age of the person depicted means the 
age of the person at the time the sexually explicit conduct occurred, not the age of the 
person depicted at the time of the transporting, exhibiting, purchasing, possession or 
accessing of the sexually explicit visual image or material.
6.   For purposes of this section, if it appears from the nature of the image or the 
circumstances of the image's dissemination, distribution or exhibition that the image is 
designed for clearly defined deviant sexual groups, the appeal of the image must be judged 
with reference to its intended recipient group.
7.   In prosecutions under this chapter, if circumstances of production, presentation, 
sale, dissemination, distribution or publicity indicate that image is being commercially 
exploited by the defendant for the sake of its prurient appeal, this evidence is probative 
with respect to the nature of the image and may justify the conclusion that the image lacks 
serious literary, artistic, political or scientific value.
8.   In prosecutions under this chapter, in determining whether the image taken as a 
whole lacks serious literary, artistic, political or scientific value in description or 
representation of the image, the fact that the defendant knew that the image depicts a minor 
under 16 years of age engaged in sexually explicit conduct, as defined in section 281, 
subsection 4, is a factor that may be considered in making that determination.
9.   This section does not apply to any noncommercial distribution or exhibition for 
purely educational purposes by any library, art gallery, museum, public school, private 
school or institution of learning, nor to any commercial distribution or exhibition by any 
art gallery or museum.
Sec. 5.  17-A MRSA §511-A, sub-§1, as enacted by PL 2015, c. 339, §1, is 
amended to read:
1.   A person is guilty of unauthorized dissemination of certain private images if the 
person, with the intent to harass, torment or threaten the depicted person or another person, 
intentionally or knowingly disseminates, displays or publishes a photograph, videotape, 
film or digital recording an image of another person in a state of nudity or engaged in a 
sexual act or engaged in sexual contact or creates or modifies an image to represent the 
depicted person in a state of nudity or engaged in a sexual act or engaged in sexual contact 
in a manner in which there is no public or newsworthy purpose when the person knows or 
should have known that the depicted person:
B.  Is identifiable from the image itself or information displayed in connection with the 
image; and
C.  Has not consented to the dissemination, display or publication of the private image.
Sec. 6.  17-A MRSA §511-A, sub-§3, ¶D is enacted to read:
D.  "Image" has the same meaning as in section 281, subsection 1-D.
Sec. 7.  19-A MRSA §4102, sub-§1, ¶G, as enacted by PL 2021, c. 647, Pt. A, §3 
and affected by Pt. B, §65, is amended to read:
G.  Engaging in the unauthorized dissemination of certain private images as prohibited 
pursuant to Title 17‑A, section 511‑A; or
Sec. 8.  19-A MRSA §4102, sub-§1, ¶H, as enacted by PL 2021, c. 647, Pt. A, §3 
and affected by Pt. B, §65, is amended to read:
H.  Engaging in aggravated sex trafficking or sex trafficking as described in Title 17‑A, 
section 852 or 853, respectively.; or
Sec. 9.  19-A MRSA §4102, sub-§1, ¶I is enacted to read:
I.  Communicating to a person a threat to commit, or to cause to be committed, a crime 
of unauthorized dissemination of certain private images described in Title 17-A, 
section 511-A.
SUMMARY
This bill makes several changes in the Maine Criminal Code to protect children and 
adults from sexual abuse that is facilitated by technology, including modified images or 
videos of children or artificially created images of children. First, the bill defines the terms 
"child sexual abuse material," "identifiable child," "image," "obscene material" and 
"generative AI or machine learning" and amends the definition of "minor" for purposes of 
the Maine Revised Statutes, Title 17-A, chapter 12 to ban the possession and dissemination 
of child sexual abuse material.
The bill expands the crime of sexual exploitation of a minor by specifying that a person 
is guilty of sexual exploitation of a minor if knowing or intending that the conduct will be 
used to create an image and, for the purpose of arousing or gratifying the sexual desire of 
that person or another person, the person intentionally or knowingly employs, solicits, 
entices, persuades or uses an identifiable child to engage in sexually explicit conduct or 
create child sexual abuse material. The bill further expands the crime of sexual exploitation 
of a minor to include a person who intentionally or knowingly modifies or alters an image 
to depict child sexual abuse material and the identifiable child depicted is a minor. The bill 
also expands that crime to prohibit a person from intentionally or knowingly manufacturing 
or creating an image, including generative AI or machine learning, and the person knows 
or should know that the material depicts child sexual abuse material and is obscene 
material.
The bill amends the statute prohibiting possession of sexually explicit material to the 
crime of prohibiting possession of child sexual abuse material. A person is guilty of 
possession of child sexual abuse material if that person intentionally or knowingly 
transports, exhibits, purchases, possesses or accesses with intent to view any child sexual 
abuse material that the person knows or should know depicts, or has been modified to 
depict, an identifiable child. A person is also guilty of possession of child sexual abuse 
material if the person intentionally or knowingly transports, exhibits, purchases, possesses 
or accesses with intent to view any child sexual abuse material, including an image created 
using generative AI or machine learning, or material that the person knows or has reason 
to know depicts a child engaging in sexually explicit conduct and is obscene material.
The bill also expands the scope of the crime of dissemination of sexually explicit 
material to include images created using generative AI or machine learning.
The bill also expands the scope of the crime of unauthorized dissemination of certain 
private images in Title 17-A, section 511-A. A person is guilty of unauthorized 
dissemination of certain private images if the person, with the intent to harass, torment or 
threaten the depicted person or another person, intentionally or knowingly disseminates, 
displays or publishes an image of another person in a state of nudity or engaged in a sexual 
act or engaged in sexual contact or creates or modifies an image to represent the depicted 
person in a state of nudity or engaged in a sexual act or engaged in sexual contact in a 
manner in which there is no public or newsworthy purpose.
Finally, the bill expands the definition of "abuse" under the protection from abuse laws 
to allow a person to seek a protection order against another person who communicates to 
the person a threat to commit, or cause to be committed, a crime of unauthorized 
dissemination of certain private images.