H.P. 1116 - L.D. 1575
An Act to Criminalize Internet Dissemination of Child Pornography
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17 MRSA §2921, sub-§2, as enacted by PL 1977, c. 628, §1, is amended to read:
2. Disseminate. "Disseminate" means, for consideration, to manufacture, publish, send, promulgate, distribute, exhibit, print issue, furnish, sell or transfer possession or to offer or agree to do any of these acts.
Sec. 2. 17 MRSA §2921, sub-§4, as enacted by PL 1977, c. 628, §1, is amended to read:
4. Photograph. "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.
Sec. 3. 17 MRSA §2923, sub-§1, as repealed and replaced by PL 1983, c. 223, is amended to read:
1. Offense. A person is guilty of dissemination of sexually explicit material if he the person intentionally or knowingly disseminates or possesses with intent to disseminate any book, magazine, print, negative, slide, motion picture, videotape, computer data file or other mechanically, electronically or chemically reproduced visual image or material which that depicts any minor, who the person knows or has reason to know is a minor, engaging in sexually explicit conduct.
Sec. 4. 17 MRSA §2923, sub-§2, as enacted by PL 1977, c. 628, §1, is amended to read:
2. Presumption. For the purposes of this section, possession of 10 or more copies of the same book, magazine, newspaper, print, negative, slide, motion picture, videotape or other mechanically, electronically or chemically reproduced visual image or material shall give gives rise to a presumption that the person possesses those items with intent to disseminate.
Sec. 5. 17 MRSA §2925 is enacted to read:
§2925. Forfeiture of equipment used to facilitate violations
1. Motion; notice. 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, that may have facilitated the commission of the offense. Notice of the motion may be made by the State to the defendant and any party of interest by registered mail.
2. In rem forfeiture proceeding. 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. Burden of proof. 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 was used in violation of this chapter.
4. Order of forfeiture; distribution. Upon a finding by a preponderance of the evidence that the equipment was used to facilitate the commission of a violation of this chapter, the court shall order the equipment 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 by any state, county or municipal law enforcement agency that made a substantial contribution to the investigation or prosecution of the case. Any equipment forfeited that is not transferred to an investigating or prosecuting agency must be sold and the proceeds deposited in the General Fund.
5. Rules. 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 II-A.
Effective September 18, 1999, unless otherwise indicated.
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