An Act to Reduce
Maine Legislature, Session 132, LD 0524
Committee Amendment CA_A_H789 (House)
Amends: 17-A MRSA §281, 17-A MRSA §282, 17-A MRSA §283, 17-A MRSA §284

COMMITTEE AMENDMENT " ^ " to H.P. 343, L.D, 524, "An Act to Reduce
Trafficking in the State"
Amend the bill by striking out the title and substituting the following:
'An Act to Protect Children from Technology-facilitated Sexual Abuse'
Amend the bill by inserting after the title and before the enacting clause the following:
'Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this Act extends the prohibitions in current state law against the creation,
dissemination and possession of sexually explicit material depicting minors engaged in
sexually explicit conduct to sunilarly prohibit the creation, dissemination and possession
of images that have been modified or generated, including through the use of artificial
intelligence, or AI, technology, so that the images appear to depict minors engaged in
sexually explicit conduct; and
Whereas, perpetrators of these crimes have already begun creating child sexual abuse
material using technology through which they modify existing images of identifiable
children or through which they wholly create images that appear to depict children engaged
in sexually explicit conduct, but these perpetrators cannot be prosecuted because this
conduct is not currently prohibited by state law; and
Whereas, as generative artificial intelligence technology continues to advance, it is
becoming more and more difficult to distinguish between unaltered child sexual abuse
material subject to prosecution under current law and modified or AI-generated child
sexual abuse material not currently subject to prosecution; and
Whereas, it is essential to clarify state law as soon as possible to prevent sexual
exploitation of children; and
Whereas, in the judgment of the Legislahire, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " h. " to H.P. 343, L,D. 524
"A"1
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,'
Amend the bill by striking out everything after the enacting clause and mserting the
following;
'See. 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 followmg 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, including a computer-generated
image, that depicts or has been created or modified so that it appears to depict a minor,
regardless of whether that depiction is an identifiable child, engaged in sexually explicit
conduct,
1-B. "Generative AI or machine leammg" 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 is, recognizable asan_actual person by thatj^erson's face. likeness or other
distinguishing characteristic, such as a unique birthmark or other recognizable feature;
and
B. Who was a minor at the time an unaltered image was created or whose likeness
when the person was a minor was used in creating, adapting or modifying an image.
"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. video,
Uvestream or other mechanically. electronically or chemically reproduced visual image or
material.
2. "Minor" means a person who has not attained 4^16 years of age,
S-. — "Photograph" moans to make, capture, generate or save a print, negative, slide,
motion picture, computer data file, videotape or other mechanically, elootronioally or
ohemioally reproduced visual imago or material.
3-A. "Obscene material meansjnaterialthat;_
A. _To the average individual, applying contemoorarv community standards, appeals
to the prurient interest. For purposes of this paragraph, if it appears from the nature of
6 an image or the circumstances of the image's dissemination. distribution or exhibition
that the image is designed for clearly defined deviant sexual groups, the aweal of the
8 image must be judged with reference to its intended recipient group;
B. Depicts or describes. in a patently offensive manner. ultimate sexual acts. excretory
functions, masturbation or lewd exhibition of the genitals: and
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^T " to H,P. 343, L.D. 524
^%\f 1 C. Considered as a whole, lacks serious literary, artistic, political or scientific value,
T 2 For purposes of this oaragraph:
d) The fact that the defendant knew that the image depicts a minor engaged .in
sexually explicit conduct is a factor that mav_be considered in making the
determination that an image taken as a whole lacks serious literary, artistic,
political or scientific value; and
f2) If circumstances of production, presentation, sale. dissemination. distribution
or exhibition indicate that an imaee is being exploited by the defendant for the sake
of its prurient aooeal. this evidence is probative with respect to the nature of the
image andmav iustify the_conclusion that the image lacks_ seriousliterar^ artistic.
Bplitical 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, arms 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 unage
for thepurpose_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 a minor, not that person's spouse, who has not in fact attamed 16
years of ag©, to engage in sexually explicit conduct to create child sexual abuse
material, except that it is not a violation of this paragraph if the other person minor is
14 or 15 years of age and the person is less than 5 years older than the other person
minor. Violation of this paragraph is a Class B crime;
A-l, Knowing or intending that the conduct will be phetegpapfeed used to create an
5 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
7 conduct. Violation of this paragraph is a Class B crime. For purposes of this paragraph.
8 "minor" means a person who has not attained 1 8 years of age;
A-2. The person intentionally or knowingly modifies or alters an image of an
identifiable chUdJo create child sexual abuse material, except that it is not a violation
of this paragraph if the minor 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 B crime;
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " L" to H,P. 343, L.D. 524
^y
A-3. The person mtentionallY or knowingly manufactures or creates, including usme
generative AI or machine leamine. obscene material that is child sexual abuse material
and the person knows or has reason to know that the material is child sexual abuse
material. Violation of this oaraemuh is a Class B crime;
B. The person violates paragraph A OF, A-l, A-2 or A-3 and, atthetimeoftheoffense,
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 w^ A-l, A-2 or A-3 and the minor or identifiable
child has not ffiAet 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 a minor, that person knewingly or
intentionally or knowingly permits that person who has not in fact attained 1 6 years of
age to engage in sexually explicit conduct, knowing or intending that the conduct will
be photographed the minor to 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-l. A-2. A-3 or D a sentencmg 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
6 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 under 12 years of age. If the State
pleads and proves that a crime under this section was committed against an individual a
minor, including an identifiable child, who had not attained 12 years of age, the court, in
determining the appropriate sentence, shall treat the age of the victim minor as an
aggravating sentencing factor,
Page4-132LR1129(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^" to H,P, 343, L.D. 524
"A/-" to]
4. The followine may be reasonably inferred from the.contents of anjmaee oiLmav be
established through competent medical evidence or other expert testimony:
A, The aee of an individual depicted in the image;
B. The aee of an individual who appears to be depicted in the unage; and
C. That an individual depicted or who appears to be depicted in the image is an
identifiable child.
5^_Aj3ersomssubject to prosecution pursuant to this section in this^tateifthe^erson,
the minor or the identifiable child was in the State at the tune of the offense,
Sec. 3. 17-A MRSA §283, as amended by PL 2015,c. 394,§3, is further amended
to read:
§283. Dissemination ofsexuaUy explicit child sexual abuse material
1. A person is guilty ofdissemination ofsexyal-ly explicit child sexual abuse material
if that person:
A. The person intentionally Intentionally or knowingly disseminates or possesses with
intent to disseminate any book, magazine, newspaper, print, negative, slide, motion
piotire, videotape, computer data file or other mechanicully; elBotronioally or
chemioally reproduced visual image or child sexual abuse material that depicts any
person who has not in fact attained 16 years of age of an identifiable child who the
person knows or has reason to know is a person under 16 years of age engaging in
sexually explicit oefidyet minor, 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 peiiseH-depicted identifiable child. Violation of this paragraph is a
Class C crime;
A-l. Intentionally or knowinelv disseminates or possesses with intent to disseminate
any obscene material that is child sexual abuse material. including an imaee created
using generatiye_AI or machine leamine:. and the person knows or has reason to know
that the material is child sexual abuse material. Violation of this paragraph is a Class
C crime;
B. The person violates Violates paragraph A or A-1 and, at the time of the offense, has
0 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 disseminatos or pOQQosses with intent to
dissemmato any book, magazine, newspaper, print, negative, slide, motion picture,
videotape, computer data file or other meohanioally, eleotronically or chemioally
reproduced visual image or material that depicts any minor who is less than 12 years
©f age who the person knows or has reason to know is a minor less than 12 years of
age engaging in sexually explicit oonduot Violates paragraph A and the identifiable
childjnlhe child sexual abuse material has not attained 12 years of age and the person
knows or has reason to know the identifiable child has not attained 12 years of age.
Violation of this paragraph is a Class B crime; w
COMMITTEE AMENDMENT
"4''
COMMITTEE AMENDMENT " /^ to H,P. 343, L.D, 524
C-1. Violates paragraph A- 1 and the person knows or has reason to know that the child
sexual abuse material appears to depict a minor who has not attained 12 years of age,
Violation of this oaragrapb is a Class B crime; or
D. The person violates Violates paragraph C pr C-l 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.
• 8 Section 9-A governs the use of prior convictions when determining a sentence,
2. For the purposes of this section, possession of W 100 or more eepies 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 mtent to
disseminate,
3. For purposes of this section, any element of age of the person depicted a minor or
identifiable child means the age of the person minor or identifiable child at the time of the
sexually explicit conduct occurred in the child sexual abuse material. not the age of the
persefl^depieted mmor or identifiable child at the time of dissemination or possession of
the sexually oxplioit visual image or child sexual abuse material,
4. The following may be reasonably inferred from the contents of an imaee or may be
established through competent medical evidence or other expert testimony:
A, The age of an individual depicted in the image;
B, The aee of an individual who appears to be depicted in the image; and
C, That an individual depleted or who appears to be depicted in the image is an
identifiable child.
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 ofseKyaUy-expliett 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
ohemioallyreproduced visual image or child sexual abuse material that the person
Imows or should know depicts another person engaging in sexually explicit conduct,
4 aad? of an identifiable child who the person knows or has reason to know is a minor,
except, that it is not a violation of this paragraph if the identifiable child is 14 or 15
years of age and the person is less than 5 years older than the identifiable child,
(1) The other person has not in fact attained 16 years of age; or
8 (2) Tho 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 depleted is 14 or 15 years of ago and
the person is less than 5 years older than the person depicted.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " /U.' to H.P, 343, L.D, 524
"
Violation of this paragraph is a Class D crime;
A-l. Intentionally or knowingly transports, exhibits, purchases, possesses or accesses
with mtent to view any obscene material that is child sexual abuse material, including
an image of a minor created using eenerative AI or machine learning, and the oerson
knows or has reason to know that the material is child sexual abuse material. Violation
of this paraeraoh is a ClasiD_cnme;
B. Violates paragraph A orA-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, possessos or aooesses
with intent to view any book, magazine, newspaper, print, negative, slido, motion
picture, computer data file, videotape or other mechanicully, electronicully or
chemically roproducod visual imago or material that the person knows or should l<now
dopiotii another person engaging in sexually explicit oonduct, and; Violates paragraph
A and the identifiable child in the child sexual abuse material has not attained 12 years
of age or the person knows or has reason to know that the identifiable child has not
attained 12 years of age.
(1) The other person has not in fact attained 12 years of age; or
(2) The person knows or has reason to know that the other person has not uttainod
12 years of age,
Violation of this paragraph is a Class C crime; w
C-1. Violates paragraph_A-1 and the person knows or has reason to know that the child
sexual abuse material appears to depict a minor who has not attained 12 years of ape.
Violation of this paragraph is a Class C crime; or
D. Violates paragraph C orC-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 sexwUy-explieit child sexual abuse material at the time
the material was produced.
3. The ago oftho person depicted and that the person depicted is an actual person
5 following 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; contents of an image or may be established through competent medical evidence
or other expert testimony;
A. The aee of an individual depicted in the imaee;
B. The age ofan individual who appears to be depicted in the image; and
C. That an individual depictecLor who appears to_be depicted in the image is an
identifiable child.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/(^" to H,P. 343, L.D. 524
"/j^><
4. Any child sexual abuse material that depicts a person, who has not attained 16 years
of age engaging in sexually explicit oefiduet 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 depleted a minor or
identifiable child means the age of the person minor or identifiable child at the time of the
sexually explicit conduct ofioun'ed in the child sexual abuse material, not the age of the
pei'sefr-depieted minor or identifiable child at the time of the transporting, exhibiting,
purchasing, possession or accessing of the sexually explicit visual image or child sexual
abuse material,'
Amend the bill by adding before the summary the following:
'Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill, which is a concept draft. The amendment makes
several changes to chapter 12 within the Maine Criminal Code, which prohibits the
creation, possession and dissemination of sexually explicit material, referred to in the
amendment as child sexual abuse material. These changes are intended to protect children
, from offenses involving child sexual abuse material that are facilitated by technology,
The amendment defines the terms "child sexual abuse material," "identifiable child,"
"image," "obscene material" and "generative AI or machine learning" for purposes of
chapter 12 of the Maine Criminal Code. It also amends the definition of "minor" for
purposes of the chapter to include only a person who is less than 16 years of age, except
that, if the crime of sexual exploitation of a minor involves compulsion, the definition of
"minor" continues to include any person who is less than 18 years of age.
The amendment renames the crime of dissemination of sexually explicit material" to
the crime of "dissemination of child sexual abuse material" and similarly renames the crime
of "possession of sexually explicit material" to the crime of "possession of child sexual
0 abuse material," It also expands the elements of these crimes as well as the crime of sexual
exploitation of a minor, which involves the creation of child sexual abuse material, to apply
both:
1. To child sexual abuse material that depicts or that has been created or modified so
that it appears to depict an identifiable child engaged in sexually explicit conduct; and
2. To child sexual abuse material, including an image created through generative AI
or machine learning, that appears to depict a minor engaged in sexually explicit conduct,
regardless of whether the minor is an identifiable child, if that child sexual abuse material
is obscene material,
9 The amendment provides that, for the purposes of any of the crimes set forth in chapter
12 of the Maine Criminal Code, the age of a person who is depicted or who appears to be
depicted in an image and the fact that the person is an identifiable child may be reasonably
inferred from the contents of the image or may be established through competent medical
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A^" to H,P. 343, L,D, 524
evidence or other expert testimony. Under current law, this rule of evidence only explicitly
applies to possession crimes, not to crimes involving the creation or dissemination of
prohibited child pornography.
The amendment also adds an emergency preamble and emergency clause,
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Revised; 01/20/26 t-Kt-
LD 524 LR 1129(02)
An Act to Reduce Trafficking in the State
Fiscal Note for Bill as Amended by Committee Amendment IJ/(" ((4 -
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Potential current biennium cost increase - General Fund
Minor revenue increase - General Fund
Minor revenue increase - Other Special Revenue Funds
Correctional and Judicial Impact Statements
The bill makes several changes to the laws related to sexual exploitation of minors, It is unclear how many addit 1
individuals could be convicted of crimes and incarcerated who otherwise would not have been. The current average
cost of incarcerating one individual for a single year is $55,203. No funding has been included in the bill at this time,
The additional workload associated with the minimal number of new felony cases filed in the court system does not
require additional funding at this time. The collection of additional fines will increase General Fund or other
dedicated revenue by minor amounts,
LR1129(02) - Fiscal Note - Page 1 of 1