Section 9-A governs the use of prior convictions when determining a sentence.

2.__For the purposes of this section, possession of 10 or more copies 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.

§284. Possession of sexually explicit material

1.__A person is guilty of possession of sexually explicit material if that person:

A.__Intentionally or knowingly transports, exhibits, purchases or possesses 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:

(1)__The other person has not in fact attained 14 years of age; or

(2)__The person knows or has reason to know that the other person has not attained 14 years of age;

Violation of this paragraph is a Class D crime;

B.__Violates paragraph A and, at the time of the offense, has one or more prior convictions for violating this section. Violation of this paragraph is a Class C crime;

C.__Intentionally or knowingly transports, exhibits, purchases or possesses 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:

(1)__The other person has not in fact attained 12 years of age; or