SP0386, LD 1114, item 1, An Act To Protect Maine's Children from Sexual Abuse and Exploitation

An Act To Protect Maine's Children from Sexual Abuse and Exploitation

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §259-A, sub-§1, ¶B, as enacted by PL 2011, c. 597, §3, is amended to read:

B. The actor, with the intent to engage in a prohibited act with the other person, knowingly solicits directly or indirectly that person by any means to engage in a prohibited act and the actor:

(1) Is at least 16 years of age;

(2) Knows or believes that the other person is less than 12 13 years of age; and

(3) Is at least 3 years older than the age expressed by the other person.

Violation of this paragraph is a Class C crime.

Sec. 2. 17-A MRSA §282-A is enacted to read:

§ 282-A. Exploitive travel

1. A person is guilty of exploitive travel if the actor:

A. Is at least 18 years of age; and

B. Knowingly travels any distance either within this State, to this State or from this State by any means, or attempts to do so, or causes another person to do so or to attempt to do so, in order to:

(1) Seduce, solicit, lure or entice, or attempt to seduce, solicit, lure or entice, a child, or a person believed by the actor to be a child, to engage in a prohibited act; or

(2) Solicit, lure or entice, or attempt to solicit, lure or entice, a parent, legal guardian or custodian of a child, or a person believed by the actor to be a parent, legal guardian or custodian of a child, to consent to the participation of that child in a prohibited act.

2. For the purposes of this section, the following terms have the following meanings.

A. "Child" means a person who is less than 12 years of age.

B. "Prohibited act" means:

(1) A sexual act as defined in section 251, subsection 1, paragraph C;

(2) Sexual contact as defined in section 251, subsection 1, paragraph D; or

(3) Sexual exploitation of a minor pursuant to section 282.

3. Violation of this section is a Class C crime.

Sec. 3. 17-A MRSA §283-A is enacted to read:

§ 283-A. Unlawful electronic transmission of image or video depicting sexually explicit conduct

1. A person is guilty of unlawful electronic transmission of an image or video depicting sexually explicit conduct if the actor:

A. Is at least 18 years of age; and

B. Knowingly electronically transmits to another person known or believed by the actor to be less than 14 years of age:

(1) An image or video that depicts sexually explicit conduct; or

(2) An Internet link to an image, video or website that depicts sexually explicit conduct.

2. For the purposes of this section, "electronically transmit" means to send by electronic means, including, but not limited to, by electronic mail or text messaging or through social media or a community online forum.

3. Violation of this section is a Class D crime, except that:

A. If the person the actor knows or believes to be viewing the image or video is less than 12 years of age, violation of this section is a Class C crime; or

B. If the person the actor knows or believes to be viewing the image or video is less than 10 years of age, violation of this section is a Class B crime.

Sec. 4. 17-A MRSA §285, as enacted by PL 2003, c. 711, Pt. B, §12, is amended to read:

§ 285. Forfeiture of equipment and other property items used to facilitate or commit violations of this chapter

1. 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, as well as any conveyances and money instruments under Title 15, chapter 517, that may have facilitated the commission of the offense or been used to commit the offense. Notice of the motion must be made by the State to the defendant and any party of interest; this notice must be done by registered mail.

2. 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. 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 , conveyance or money instrument was used in violation of this chapter.

4. Upon a finding by a preponderance of the evidence that the equipment , conveyance or money instrument was used to facilitate the commission of a violation of this chapter or commit a violation of this chapter, the court shall order the equipment , conveyance or money instrument 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 , conveyance or money instrument by any state, county or municipal law enforcement agency that made a substantial contribution to the investigation or prosecution of the case. Any equipment or conveyance forfeited that is not transferred to an investigating or prosecuting agency must be sold and the proceeds deposited in the General Fund. Any money instrument that is not transferred to an investigating or prosecuting agency must be deposited in the General Fund.

5. 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 2-A.

summary

This bill amends the law regarding solicitation of a child to commit a prohibited act and creates the crimes of exploitive travel and unlawful electronic transmission of an image or video depicting sexually explicit conduct. The bill also amends the criminal forfeiture provisions of the sexual exploitation of minors laws to include conveyances and money instruments as items in addition to computer equipment that may be subject to forfeiture proceedings.

SP0386 LD 1114	Session - 127th Maine Legislature		LR 505 Item 1
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