Highly Experienced Child Pornography Defense Attorneys in Auburn, Maine
Being accused of possessing child pornography in Maine can have life-shattering consequences. You need a strong legal defense immediately.
Key Takeaways:
- Possession, distribution, or downloading of child pornography in Maine is a serious criminal offense with steep penalties.
- Convictions can lead to years in prison, massive fines, and mandatory sex offender registration.
- Our Auburn child pornography defense lawyers are here to defend your rights and help you get your life back on track.
Facing accusations of possessing child pornography is one of the most serious and damaging allegations a person can experience. These charges can ruin your personal relationships, destroy your career, and place your future in jeopardy even before you step foot in a courtroom. The weight of the stigma, combined with the harsh legal consequences, makes having an experienced legal defense team absolutely critical.
At The Maine Criminal Defense Group, our Auburn child pornography defense lawyers understand how overwhelming these accusations can be. We know that many cases involve complicated evidence, questionable search procedures, or misunderstandings. That’s why we take the time to learn your side of the story, evaluate the charges carefully, and fight to protect your rights.
Request a consultation today and let us help you take the first step toward getting your life back on track.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Table of Contents
Understanding Child Pornography Charges in Maine
Child pornography—also referred to in legal terms as child sexual abuse materials (CSAM)—includes any sexually explicit images, videos, or digital files involving minors. In Maine, it is illegal to possess, view, download, distribute, or produce these materials. Even a single file on a personal device can lead to a felony charge.
These cases are often brought after law enforcement conducts an investigation involving internet activity, peer-to-peer file sharing, or anonymous tips. In some instances, investigators may seize your computer, phone, or hard drive to look for evidence of illegal content. Charges can include:
- Possession of Child Pornography: Having digital or physical materials involving explicit images of minors.
- Accessing or Downloading CSAM: Retrieving images through websites, file-sharing programs, or other digital platforms.
- Distribution or Transmission: Sending or sharing these images through email, messaging apps, or peer-to-peer networks.
- Production or Creation: Creating or altering materials to involve minors in a sexual context.
Convictions for any of these charges can result in significant prison sentences, mandatory minimums, and placement on the sex offender registry for decades or even life.
Penalties for a Child Pornography Conviction in Maine
If found guilty of possessing and/or viewing child pornography, an individual will be required to register in the sex offender database. This means that they will have to continually update their information when they choose to move, maintain employment, or attend school in another jurisdiction.
This information will be viewable by the public, including what charges a person was convicted of. A person found guilty of this crime may also be subject to federal and/or state charges.
According to Maine Code §284, being in possession of any sexually explicit material that involves a minor less than 16 years of age would result in a class D crime in the state of Maine. A class D offense is punishable by up to 1 year in jail and a $2,000 fine.
If found in possession of child pornography where the minor is less than 12 years old, an individual would be charged with a class C crime-resulting in up to 5 years in jail and a $5,000 fine.
If an offender has had one or more prior convictions, the severity of the crime, and the resulting penalties, will be increased as well.
The Consequences Are More Than Legal
While the legal penalties for child pornography charges are severe, the damage often extends far beyond the courtroom. Accusations alone can lead to:
- Suspension or loss of employment
- Loss of custody or visitation rights with children
- Permanent damage to personal and professional reputation
- Difficulty obtaining housing or pursuing education
- Isolation from your community, friends, and family
That’s why having experienced legal representation is about more than just navigating the court system. It’s about fighting to preserve your future.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
What Behaviors Fall into the Classification of “Child Pornography” in Maine Law?
As mentioned, child pornography in the State of Maine is a relatively expansive concept, and includes a range of behaviors and actions. The following behaviors are presently recognized as being included within the definition of child pornography:
- Any sort of erotic posing, whether fully clothed or partially nude, which essentially means any sexualized depictions of minor children;
- Explicit erotic posing, which refers to any depiction which highlights or focuses on the genital area, and this can be either fully clothed or nude;
- Explicit sexual conduct, which means any material (i.e. images or film) which depicts minor children engaging in sex acts either together or alone;
- Any material which depicts sexual assault of minors by an adult;
- Any material which depicts minor children engaging in obscene sexual acts with an adult;
- Any material which depicts any form of sadistic sexual acts involving minors and adults (i.e. physical torture, pain, etc.).
How Child Pornography Charges Are Classified in Maine
In Maine, child pornography offenses are assessed based on the type of conduct involved and specific factors that can elevate the seriousness of the charge. Courts in Auburn and across the state consider whether the offense involved production, distribution, or possession, along with details such as the age of the minor depicted and the defendant’s criminal history.
Here’s how these offenses are typically classified:
Production of Child Pornography (Sexual Exploitation of a Minor)
This is charged as a Class B felony under Maine law. However, the charge is elevated to a Class A felony—the most serious classification—if:
- The alleged victim is under 12 years old, or
- The defendant has a prior conviction for a similar offense.
Distribution of Child Pornography
This is generally a Class C felony, but may be increased to:
- A Class A felony if the distributed material involves a child under 12, or
- A Class B felony if the defendant has prior related convictions.
Possession of Child Pornography
Possession is treated as a Class C felony, even in cases involving prior convictions or content depicting minors under age 12. However, Maine law does allow a limited defense if the depicted individual was legally married to the accused at the time the image was created.
Understanding how these charges are classified is essential for building a strong defense. If you’re facing child pornography accusations in Auburn, Maine, contact a knowledgeable criminal defense attorney as soon as possible.
At The Maine Criminal Defense Group, we have extensive experience challenging digital evidence and helping clients navigate the complexities of Maine’s sex crime laws.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
How is “Intent” Established Regarding the Distribution of Child Pornography in Maine?
The crime of distribution of child pornography (or “dissemination of sexually explicit material” involving minors, as it’s alternatively referred to) can be defined as follows under Maine law: intentionally or knowingly disseminating, or possessing with the intent to disseminate, any material which depicts a minor engaging in sexually explicit conduct. In this definition, we can see that “intent” is a key element of this crime. Under current Maine law, the element of intent will be evidenced by way of “permissible inference” whenever a person possesses 10 or more copies of material featuring child pornography.
In other words, if a person possesses 10 or more pieces of child pornography, Maine law will presume that the intent to disseminate exists. Intent can also be evidenced in other ways, but intent will always be inferred whenever this amount of material is discovered.
Do Child Pornography Offenders in Maine Have to Register as Sex Offenders?
Yes, under current Maine law, child pornography offenses – i.e. production, possession, or distribution – are considered sex crimes, and so offenders are obligated to register as sex offenders. Offenders must register with the Maine Sex Offender Registry, which is operated by the Maine State Bureau of Identification.
Offenders register by delivering certain information to this bureau, and then maintain the accuracy of their profile by updating their information periodically. Offenders must maintain their profile, otherwise they can face harsh consequences.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
What Data Must Be Provided to Register with the Maine Sex Offender Registry?
During the initial registration process, the convicted sex offender is required to provide certain information to the Maine Sex Offender Registry. As mentioned, this information must be updated periodically in order to maintain accuracy. The information which must be initially provided to the registry includes the following: the offender’s name, any aliases used, date of birth, identifying traits (i.e. eye color, hair color, height, weight, race, gender, etc.), recent picture, fingerprints, future address where the offender plans to live, details on the conviction itself, details on the offender’s mental health status.
How Does Maine’s Mandated Reporter Law Operate with Respect to Child Pornography?
Under Title 22, Section 4011-A of the Maine Health and Welfare Code, certain individuals are required by law to report suspected instances of child abuse or neglect to the authorities. Clearly instances involving child pornography would certainly fall into this category, and so suspected instances involving child pornography must be reported.
At this time, under current law, this mandated reporting requirement applies to most licensed caregivers, teachers, religious workers, and first responders.
In addition, there is a subsection within Section 4011-A which requires reporting whenever someone suspects that a minor child isn’t living with his or her legal guardian. This subsection is often viewed as a special provision to prevent child pornography, as many instances of child pornography occur when a minor child has been abducted.
Is “Illegal Search and Seizure” a Possible Defense Against Child Pornography Allegations?
The short answer to this question is “yes,” a defense attorney may attempt to overcome a child pornography related charge by raising this type of argument. Under the U.S. Constitution, citizens are protected from illegal searches and seizures from authority figures; violations of this constitutional protection can lead to suppression of evidence, and this suppression of evidence can potentially defeat a criminal charge.
In some ways, this is an evolving area of law, because there is some uncertainty regarding how these constitutional rights apply to digital searches of computer files. As with every possible defense, the viability of this argument ultimately depends on the exact facts involved, and so there is no way to predetermine how viable this defense may be.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Can Evidence Obtained from an In-Person Interrogation Be Suppressed via Court Motion?
Again, as with the previous question, the short answer to this question is “yes.” If an alleged offender gives evidence to police officers during an initial interrogation, this evidence may be inadmissible depending on the circumstances. If the evidence is inadmissible, then it can be formally suppressed by filing a court motion.
In most instances in which someone is charged with a child pornography related crime, the alleged perpetrator submits to an initial interrogation by the police. Our counsel is always to avoid submitting to an interrogation, but if an interrogation does occur, there is still the possibility of having any negative evidence suppressed if the interrogation procedure was defective (i.e. not voluntarily given, no Miranda rights, etc.).
Is the Location of Computer Files Relevant in Building a Defense to Allegations?
Yes, the location of files is relevant in building a case against child pornography charges, which is why a skilled attorney will make pointed inquiries regarding the exact location of files. Depending on the location of the files, a greater or lesser technological defense may be built against charges.
For instance, were the images thumbnails? Did more than one individual have access to the searched computer? Where exactly were the images stored within the computer? These questions may be used to potentially build a defense to a charge.
What is the Maximum Jail Sentence for Possession of Child Pornography?
In the State of Maine, under Maine Code §284, the crime of possession of child pornography is a Class C offense, and Class C offenses carry a maximum jail sentence of 5 years. Depending on the exact nature of the offense and the perpetrator’s criminal history, the offender may receive a sentence closer or farther from the maximum possible sentence.
How Our Auburn Child Pornography Defense Lawyers Can Help
When you work with The Maine Criminal Defense Group, you’re not just getting a legal team—you’re getting dedicated allies who will fight for your rights and work to restore your future. Our Auburn child pornography defense lawyers have over 85 years of combined experience defending clients in complex and high-stakes criminal cases throughout Maine.
We understand how the prosecution builds these cases and know how to challenge digital evidence, question unlawful searches, and explore opportunities for reduced or dismissed charges. Whether it’s negotiating with the District Attorney or taking your case to trial, we’re prepared to fight aggressively for the best possible outcome.
We also understand how sensitive and stressful these cases are. That’s why we prioritize discretion, compassion, and open communication from the moment you contact us. We’re here to listen without judgment and build a strategic, individualized defense based on the facts of your case.
Our goal is simple: to help you get your life back on track.
Protect Your Rights Before It’s Too Late
If you’ve been accused or are under investigation for possessing child pornography, you need to act quickly. The longer you wait, the more difficult it can be to preserve evidence or protect your rights. With so much at stake, now is the time to take control of your future. Request a consultation with our lawyers today, and let us help you take the first steps toward building your defense and restoring your life.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Blog Articles
In Maine, it is illegal for a person to have consensual sexual activity with a minor younger than 16, with a few exceptions. For anyone accused or charged with statutory[...]
AUGUSTA, Maine — A 44-year-old Albion, Maine man, Sean M. Eori, is on trial at the Capital Judicial Center after being indicted on 11 charges involving the alleged sexual assault[...]
Sexual exploitation of a minor in Maine is a felony with serious consequences, including prison and sex offender registration. If you're facing charges involving child pornography[...]
Many individuals accused of sexual assault find themselves tried in the “court of public opinion” and immediately branded as “guilty.” This is unfair and contrary to the principles of criminal[...]
Facing a child pornography charge is one of the most daunting and life-altering experiences anyone can endure. These charges carry severe consequences, including potential prison time, hefty fines, and mandatory[...]
Solicitation of a minor is a criminal offense where an individual who engages in a conversation with a minor solicits or asks the minor to meet up to partake in[...]
Sexual assault and sexual battery both refer to criminal offenses where a victim does not provide consent to sexual contact. This contact may or may not involve penetration, force, violence,[...]
Both prostitution and solicitation are considered sex crimes in Maine. Buying or selling sexual acts or sexual contact is illegal and has traditionally been considered a criminal offense for all[...]
A protection from abuse order (PFA) can make it illegal for an individual to contact you or your children in the state of Maine. Filing a PFA is often a[...]
In a recent child exploitation case from Boston, a Maine man was found guilty by the federal court and sentenced to 13 years in prison and five years of supervised[...]
