§283. Dissemination of child sexual abuse material
1.
A person is guilty of dissemination of child sexual abuse material if that person:
A.
Intentionally or knowingly disseminates or possesses with intent to disseminate any child sexual abuse material of an identifiable child who the person knows or has reason to know is a minor, except that it is not a violation of this paragraph if the identifiable child is 14 or 15 years of age and the person is less than 5 years older than the identifiable child. Violation of this paragraph is a Class C crime;
[PL 2025, c. 719, §3 (AMD).]
A-1.
Intentionally or knowingly disseminates or possesses with intent to disseminate any obscene material that is child sexual abuse material, including an image created using generative AI or machine learning, and the person knows or has reason to know that the material is child sexual abuse material. Violation of this paragraph is a Class C crime;
[PL 2025, c. 719, §3 (NEW).]
B.
Violates paragraph A or A‑1 and, at the time of the offense, 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 B crime;
[PL 2025, c. 719, §3 (AMD).]
C.
Violates paragraph A and the identifiable child in the child sexual abuse material has not attained 12 years of age and the person knows or has reason to know the identifiable child has not attained 12 years of age. Violation of this paragraph is a Class B crime;
[PL 2025, c. 719, §3 (AMD).]
C-1.
Violates paragraph A‑1 and the person knows or has reason to know that the child sexual abuse material appears to depict a minor who has not attained 12 years of age. Violation of this paragraph is a Class B crime; or
[PL 2025, c. 719, §3 (NEW).]
D.
Violates paragraph C or C‑1 and, at the time of the offense, 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, §3 (AMD).]
Section 9‑A governs the use of prior convictions when determining a sentence.
[PL 2025, c. 719, §3 (AMD).]
2.
For the purposes of this section, possession of 100 or more images 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.
[PL 2025, c. 719, §3 (AMD).]
3.
For purposes of this section, any element of age of a minor or identifiable child means the age of the minor or identifiable child at the time of the sexually explicit conduct in the child sexual abuse material, not the age of the minor or identifiable child at the time of dissemination or possession of the child sexual abuse material.
[PL 2025, c. 719, §3 (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, §3 (NEW).]
B.
The age of an individual who appears to be depicted in the image; and
[PL 2025, c. 719, §3 (NEW).]
C.
That an individual depicted or who appears to be depicted in the image is an identifiable child.
[PL 2025, c. 719, §3 (NEW).]
[PL 2025, c. 719, §3 (NEW).]
SECTION HISTORY
PL 2003, c. 711, §B12 (NEW). PL 2007, c. 476, §§6, 7 (AMD). PL 2009, c. 608, §3 (AMD). PL 2015, c. 394, §3 (AMD). PL 2025, c. 719, §3 (AMD).