‘An Act Regarding Sexual Exploitation of Children’
| SP0386 LD 1114 |
Session - 127th Maine Legislature C "A", Filing Number S-369, Sponsored by
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LR 505 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act Regarding Sexual Exploitation of Children’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 17-A MRSA §282, sub-§1, as amended by PL 2007, c. 476, §§4 and 5, is further amended to read:
Sec. 2. 17-A MRSA §282, sub-§2, ¶A, as enacted by PL 2003, c. 711, Pt. B, §12, is amended to read:
Sec. 3. 17-A MRSA §283, sub-§1, ¶A, as enacted by PL 2003, c. 711, Pt. B, §12, is amended to read:
Sec. 4. 17-A MRSA §284, sub-§1, ¶A, as amended by PL 2011, c. 50, §1, is further amended to read:
(1) The other person has not in fact attained 16 years of age; or
(2) 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 is 14 or 15 years of age and the person is less than 5 years older than the person depicted.
Violation of this paragraph is a Class D crime;
Sec. 5. 17-A MRSA §511-A, sub-§1, ¶A, as enacted by PL 2015, c. 339, §1, is repealed.
summary
This amendment replaces the bill and changes the title. This amendment does the following.
1. It amends the law on sexual exploitation of a minor by changing the applicable age of protected minors from under 18 years of age to under 16 years of age, except in cases of compulsion. It also provides that the law does not apply with respect to a minor who is 14 or 15 years old who is employed, solicited, enticed, persuaded or used to engage in sexually explicit conduct by a person who is less than 5 years older than the minor, unless the person is the minor's parent or legal guardian or has care or custody of the minor.
2. It amends the law on dissemination of sexually explicit material by changing the applicable age of protected persons from under 18 years of age to under 16 years of age. It also provides that the law does not apply with respect to a person depicted in such material if the person is 14 or 15 years old and the person disseminating the material is less than 5 years older than the depicted person.
3. It amends the law on possession of sexually explicit material to exempt from the law possession of material in which the depicted person is 14 or 15 years of age and the actor is less than 5 years older than the depicted person.
4. It amends the law on unauthorized dissemination of certain private images to remove the requirement that the depicted person be 18 years of age or older for the law to apply.