Maine criminal charge
Dissemination of sexually explicit material in Maine
Dissemination of sexually explicit material is a criminal offense under Maine law, defined by 17-A M.R.S. § 283. Its classification is not fixed: Maine assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by 17-A M.R.S. § 283.
What is the penalty for dissemination of sexually explicit material in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Dissemination — depicting person under 16 — Person intentionally or knowingly disseminates or possesses with intent to disseminate material depicting a person under 16 engaging in sexually explicit conduct, with an exception for depicted persons aged 14-15 where the actor is less than 5 years older.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Dissemination — depicting person under 16 — Person intentionally or knowingly disseminates or possesses with intent to disseminate material depicting a person under 16 engaging in sexually explicit conduct, with an exception for depicted persons aged 14-15 where the actor is less than 5 years older.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 10 years (Dissemination — depicting person under 16, prior conviction — Person violates paragraph A and has one or more prior convictions under this section or for substantially similar conduct in another jurisdiction.; statutory default maximum (17-A M.R.S. §1604(1)(B)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $20,000 (Dissemination — depicting person under 16, prior conviction — Person violates paragraph A and has one or more prior convictions under this section or for substantially similar conduct in another jurisdiction.; maximum for an individual (17-A M.R.S. §1704(2)); organizations up to $40,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 10 years (Dissemination — depicting minor under 12 — Person intentionally or knowingly disseminates or possesses with intent to disseminate material depicting a minor less than 12 years of age engaging in sexually explicit conduct.; statutory default maximum (17-A M.R.S. §1604(1)(B)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $20,000 (Dissemination — depicting minor under 12 — Person intentionally or knowingly disseminates or possesses with intent to disseminate material depicting a minor less than 12 years of age engaging in sexually explicit conduct.; maximum for an individual (17-A M.R.S. §1704(2)); organizations up to $40,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 30 years (Dissemination — depicting minor under 12, prior conviction — Person violates paragraph C and has one or more prior convictions under this section or for substantially similar conduct in another jurisdiction.; statutory default maximum (17-A M.R.S. §1604(1)(A)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (e.g. use of a firearm against an individual, §1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $50,000 (Dissemination — depicting minor under 12, prior conviction — Person violates paragraph C and has one or more prior convictions under this section or for substantially similar conduct in another jurisdiction.; maximum for an individual (17-A M.R.S. §1704(1)); organizations up to $100,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
Applies to current (PL 2019, c. 113 recodification).
How is dissemination of sexually explicit material classified in Maine?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Dissemination — depicting person under 16 | Class C Crime | Person intentionally or knowingly disseminates or possesses with intent to disseminate material depicting a person under 16 engaging in sexually explicit conduct, with an exception for depicted persons aged 14-15 where the actor is less than 5 years older. | 17-A M.R.S. § 283(1)(A) |
| Dissemination — depicting person under 16, prior conviction | Class B Crime | Person violates paragraph A and has one or more prior convictions under this section or for substantially similar conduct in another jurisdiction. | 17-A M.R.S. § 283(1)(B) |
| Dissemination — depicting minor under 12 | Class B Crime | Person intentionally or knowingly disseminates or possesses with intent to disseminate material depicting a minor less than 12 years of age engaging in sexually explicit conduct. | 17-A M.R.S. § 283(1)(C) |
| Dissemination — depicting minor under 12, prior conviction | Class A Crime | Person violates paragraph C and has one or more prior convictions under this section or for substantially similar conduct in another jurisdiction. | 17-A M.R.S. § 283(1)(D) |
Common questions about dissemination of sexually explicit material in Maine
What class of crime is dissemination of sexually explicit material in Maine?
It depends on the circumstances: dissemination of sexually explicit material ranges from a Class C Crime to a Class A Crime in Maine under 17-A M.R.S. § 283.
Dissemination — depicting person under 16: Class C Crime (17-A M.R.S. § 283(1)(A)) · Dissemination — depicting person under 16, prior conviction: Class B Crime (17-A M.R.S. § 283(1)(B)) · Dissemination — depicting minor under 12: Class B Crime (17-A M.R.S. § 283(1)(C)) · Dissemination — depicting minor under 12, prior conviction: Class A Crime (17-A M.R.S. § 283(1)(D))
What are the penalties for dissemination of sexually explicit material in Maine?
Penalties for dissemination of sexually explicit material in Maine depend on how it is classified — from a Class C Crime up to a Class A Crime — with the ranges set by 17-A M.R.S. § 1604; the full table of ranges by variant is published on this page.
Which Maine statute covers dissemination of sexually explicit material?
Dissemination of sexually explicit material is governed by 17-A M.R.S. § 283 (Dissemination of sexually explicit material).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.