CHAPTER 345
H.P. 403 - L.D. 548
An Act To Enhance the Prosecution of Child Pornography Cases
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §284, sub-§1, ¶A, as enacted by PL 2003, c. 711, Pt. B, §12, is amended to read:
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 16 years of age; or
(2) The person knows or has reason to know that the other person has not attained 14 16 years of age;.
Violation of this paragraph is a Class D crime;
Sec. 2. 17-A MRSA §284, sub-§§3 and 4, as enacted by PL 2003, c. 711, Pt. B, §12, are amended to read:
3. The age of the person depicted and that the person depicted is an actual person may be reasonably inferred from the depiction. Competent medical evidence or other expert testimony may be used to establish the age and authenticity of the person depicted.
4. Any material that depicts a person who has not attained
1416 years of age engaging in sexually explicit conduct is declared to be contraband and may be seized by the State.Effective September 17, 2005.
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