§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 used to create an image for the purpose of arousing or gratifying the sexual desire of that person or another person, the person intentionally or knowingly employs, solicits, entices, persuades or uses a minor, not that person's spouse, to 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;
[PL 2025, c. 719, §2 (AMD).]
A-1.
Knowing or intending that the conduct will be used to create an 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 conduct. Violation of this paragraph is a Class B crime. For purposes of this paragraph, "minor" means a person who has not attained 18 years of age;
[PL 2025, c. 719, §2 (AMD).]
A-2.
The person intentionally or knowingly modifies or alters an image of an identifiable child to 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;
[PL 2025, c. 719, §2 (NEW).]
A-3.
The person intentionally or knowingly manufactures or creates, including using generative AI or machine learning, 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 paragraph is a Class B crime;
[PL 2025, c. 719, §2 (NEW).]
B.
The person violates paragraph A, A‑1, A‑2 or A‑3 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;
[PL 2025, c. 719, §2 (AMD).]
C.
The person violates paragraph A, A‑1, A‑2 or A‑3 and the minor or identifiable child has not attained 12 years of age. Violation of this paragraph is a Class A crime;
[PL 2025, c. 719, §2 (AMD).]
D.
Being a parent, legal guardian or other person having care or custody of a minor, that person intentionally or knowingly permits the minor to create child sexual abuse material. Violation of this paragraph is a Class B crime;
[PL 2025, c. 719, §2 (AMD).]
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
[PL 2007, c. 476, §5 (AMD).]
F.
The person violates paragraph D and the minor has not attained 12 years of age. Violation of this paragraph is a Class A crime.
[PL 2025, c. 719, §2 (AMD).]
[PL 2025, c. 719, §2 (AMD).]
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‑1, A‑2, A‑3 or D a sentencing alternative involving a term of imprisonment of at least 5 years.
[PL 2025, c. 719, §2 (AMD).]
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.
[PL 2003, c. 711, Pt. B, §12 (NEW).]
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 justify the imposition of another sentence. Section 9‑A governs the use of prior convictions when determining a sentence.
[PL 2025, c. 719, §2 (AMD).]
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 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 minor as an aggravating sentencing factor.
[PL 2025, c. 719, §2 (AMD).]
4.
The following may be reasonably inferred from the contents of an image or may be established through competent medical evidence or other expert testimony:
A.
The age of an individual depicted in the image;
[PL 2025, c. 719, §2 (NEW).]
B.
The age of an individual who appears to be depicted in the image; and
[PL 2025, c. 719, §2 (NEW).]
C.
That an individual depicted or who appears to be depicted in the image is an identifiable child.
[PL 2025, c. 719, §2 (NEW).]
[PL 2025, c. 719, §2 (NEW).]
5.
A person is subject to prosecution pursuant to this section in this State if the person, the minor or the identifiable child was in the State at the time of the offense.
[PL 2025, c. 719, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 711, §B12 (NEW). PL 2007, c. 476, §§4, 5 (AMD). PL 2015, c. 394, §§1, 2 (AMD). PL 2019, c. 113, Pt. B, §15 (AMD). PL 2025, c. 719, §2 (AMD).