Section 283 of the Maine Criminal Code addresses the dissemination of child pornography – a Class C crime in Maine.
Sexually explicit materials in the context of child pornography are defined as the following:
“any book, magazine, newspaper, print, negative, slide, motion picture, videotape, computer data file or other mechanically, electronically or chemically reproduced visual image or material that depicts any person who has not yet attained 16 years of age, who the person knows or has reason to know is a person under 16 years of age, engaged in sexually explicit conduct.”
Provided the accused should have reasonably known that the person was a minor under the age of 16, a conviction may result. Note that the intent to distribute the materials is also sufficient for a conviction – even if no sharing took place.
Depending on the age of the child depicted in the material sought to be distributed or disseminated, the charge could result in an A, B or C felony, with maximum penalties ranging from 5 years to 30 years in prison.
The “Romeo and Juliet” exception applies in such cases.
