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§261
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 12: SEXUAL EXPLOITATION OF MINORS
§282

§281. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2003, c. 711, Pt. B, §12 (NEW).]
1.  "Disseminate" means to manufacture, publish, send, promulgate, distribute, exhibit, issue, furnish, sell or transfer or to offer or agree to do any of these acts.  
[PL 2003, c. 711, Pt. B, §12 (NEW).]
1-A.  "Child sexual abuse material" means any image, including a computer-generated image, that depicts or has been created or modified so that it appears to depict a minor, regardless of whether that depiction is an identifiable child, engaged in sexually explicit conduct.  
[PL 2025, c. 719, §1 (NEW).]
1-B.  "Generative AI or machine learning" means any computer algorithm or model that creates content, including, but not limited to, text, images, audio or video.  
[PL 2025, c. 719, §1 (NEW).]
1-C.  "Identifiable child" means a person:  
A. Who is recognizable as an actual person by that person's face, likeness or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and   [PL 2025, c. 719, §1 (NEW).]
B. Who was a minor at the time an unaltered image was created or whose likeness when the person was a minor was used in creating, adapting or modifying an image.   [PL 2025, c. 719, §1 (NEW).]
"Identifiable child" does not require proof of the actual identity of the identifiable child.  
[PL 2025, c. 719, §1 (NEW).]
1-D.  "Image" means something that is made, captured, generated or saved as a print, negative, slide, motion picture, photograph, computer data file, animation, video, livestream or other mechanically, electronically or chemically reproduced visual image or material.  
[PL 2025, c. 719, §1 (NEW).]
2.  "Minor" means a person who has not attained 16 years of age.  
[PL 2025, c. 719, §1 (AMD).]
3. 
[PL 2025, c. 719, §1 (RP).]
3-A.  "Obscene material" means material that:  
A. To the average individual, applying contemporary community standards, appeals to the prurient interest. For purposes of this paragraph, if it appears from the nature of an image or the circumstances of the image's dissemination, distribution or exhibition that the image is designed for clearly defined deviant sexual groups, the appeal of the image must be judged with reference to its intended recipient group;   [PL 2025, c. 719, §1 (NEW).]
B. Depicts or describes, in a patently offensive manner, ultimate sexual acts, excretory functions, masturbation or lewd exhibition of the genitals; and   [PL 2025, c. 719, §1 (NEW).]
C. Considered as a whole, lacks serious literary, artistic, political or scientific value. For purposes of this paragraph:  
(1) The fact that the defendant knew that the image depicts a minor engaged in sexually explicit conduct is a factor that may be considered in making the determination that an image taken as a whole lacks serious literary, artistic, political or scientific value; and  
(2) If circumstances of production, presentation, sale, dissemination, distribution or exhibition indicate that an image is being exploited by the defendant for the sake of its prurient appeal, this evidence is probative with respect to the nature of the image and may justify the conclusion that the image lacks serious literary, artistic, political or scientific value.   [PL 2025, c. 719, §1 (NEW).]
[PL 2025, c. 719, §1 (NEW).]
4.  "Sexually explicit conduct" means any of the following acts:  
A. A sexual act;   [PL 2003, c. 711, Pt. B, §12 (NEW).]
B. Bestiality;   [PL 2003, c. 711, Pt. B, §12 (NEW).]
C. Masturbation;   [PL 2003, c. 711, Pt. B, §12 (NEW).]
D. Sadomasochistic abuse for the purpose of sexual stimulation;   [PL 2003, c. 711, Pt. B, §12 (NEW).]
E. Lewd exhibition of the genitals, anus or pubic area of a person. An exhibition is considered lewd if the exhibition is designed for the purpose of eliciting or attempting to elicit a sexual response in the intended viewer; or   [PL 2003, c. 711, Pt. B, §12 (NEW).]
F. Conduct that creates the appearance of the acts in paragraphs A to D and also exhibits any uncovered or covered portions of the genitals, anus or pubic area.   [PL 2003, c. 711, Pt. B, §12 (NEW).]
[PL 2003, c. 711, Pt. B, §12 (NEW).]
SECTION HISTORY
PL 2003, c. 711, §B12 (NEW). PL 2025, c. 719, §1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
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