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Maine criminal charge

Possession of sexually explicit material in Maine

Current through 2026 Maine legislative session

Possession of sexually explicit material is a criminal offense under Maine law, defined by 17-A M.R.S. § 284. 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. § 284.

What is the penalty for possession of sexually explicit material in Maine?

Penalties for Possession of sexually explicit material
PenaltyRangeBasisAuthority
Jail / prisonup to 5 years (Repeat offense under paragraph A conduct — Violating paragraph A while having one or more prior convictions under this section or a substantially similar offense in another jurisdiction is a Class C crime.; 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)))discretionary17-A M.R.S. § 1604
Fineup to $5,000 (Repeat offense under paragraph A conduct — Violating paragraph A while having one or more prior convictions under this section or a substantially similar offense in another jurisdiction is a Class C crime.; 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))discretionary17-A M.R.S. § 1604
Jail / prisonup to 10 years (Repeat offense under paragraph C conduct — Violating paragraph C while having one or more prior convictions under this section or a substantially similar offense in another jurisdiction is a Class B crime.; 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)))discretionary17-A M.R.S. § 1604
Fineup to $20,000 (Repeat offense under paragraph C conduct — Violating paragraph C while having one or more prior convictions under this section or a substantially similar offense in another jurisdiction is a Class B crime.; 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))discretionary17-A M.R.S. § 1604

Applies to current (PL 2019, c. 113 recodification).

How is possession of sexually explicit material classified in Maine?

The classification depends on the circumstances:

Classification variants for Possession of sexually explicit material
VariantClassificationWhen it appliesStatute
Repeat offense under paragraph A conductClass C CrimeViolating paragraph A while having one or more prior convictions under this section or a substantially similar offense in another jurisdiction is a Class C crime.17-A M.R.S. § 284(1)(B)
Repeat offense under paragraph C conductClass B CrimeViolating paragraph C while having one or more prior convictions under this section or a substantially similar offense in another jurisdiction is a Class B crime.17-A M.R.S. § 284(1)(D)

Common questions about possession of sexually explicit material in Maine

What class of crime is possession of sexually explicit material in Maine?

It depends on the circumstances: possession of sexually explicit material ranges from a Class C Crime to a Class B Crime in Maine under 17-A M.R.S. § 284.

Repeat offense under paragraph A conduct: Class C Crime (17-A M.R.S. § 284(1)(B)) · Repeat offense under paragraph C conduct: Class B Crime (17-A M.R.S. § 284(1)(D))

What are the penalties for possession of sexually explicit material in Maine?

Penalties for possession of sexually explicit material in Maine depend on how it is classified — from a Class C Crime up to a Class B 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 possession of sexually explicit material?

Possession of sexually explicit material is governed by 17-A M.R.S. § 284 (Possession 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.