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What is considered sexual misconduct with a minor under the age of 14 in Maine?

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Sexual misconduct with a minor under the age of 14 is a crime in Maine.  How serious a crime it is depends on the age of the minor.

The crime involves displaying “sexually explicit materials” to minors under a certain age. This is defined as:

“any book, magazine, print, negative, slide, motion picture, videotape or other mechanically reproduced visual material that the person knows or should know depicts a person, minor or adult, engaging in sexually explicit conduct.”

In the Maine Criminal Code, one law exists for sexual misconduct with a child under 14 years of age and another for sexual misconduct with a child under 12 years of age, and the age of the minor is what determines if the charge is a misdemeanor or felony.

A person can be found guilty of sexual misconduct with a minor (under 12 or 14) if:

“having in fact attained 18 years of age, knowingly displays any sexually explicit materials …with the intent to encourage the other person to engage in a sexual act or sexual contact.”

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