| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 17 MRSA §2924, sub-§2, ¶A, as enacted by PL 1993, c. 727, §2, | | is amended to read: |
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| | A. The other person has not in fact attained the age of 14 | | 18 years; or |
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| | | Sec. 2. 17 MRSA §2924, sub-§2, ¶B, as corrected by RR 1993, c. 2, §8, | | is amended to read: |
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| | | B. The person knows or has reason to know that the other | person has not attained the age of 14 18 years. |
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| | | Sec. 3. 17 MRSA §2924, sub-§5, as enacted by PL 1993, c. 727, §2, is | | repealed and the following enacted in its place: |
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| | | 5.__Penalty.__Possession of sexually explicit material is a | | Class C crime.__The court shall require a person convicted under | | this section to: |
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| | | A.__Serve a period of incarceration of at least 18 months | | but not more than 5 years; |
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| | | B.__Serve a period of probation of at least 3 years but not | | more than 5 years; |
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| | | C.__Satisfy all requirements set forth in the Sex Offender | | Registration and Notification Act; and |
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| | | D.__Pay restitution to the victim, if known, for counseling | | and other medical services. |
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| | | Sec. 4. 17 MRSA §2924, sub-§6, as enacted by PL 1993, c. 727, §2, is | | amended to read: |
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| | | 6. Contraband. Any material that depicts a person who has | not attained the age of 14 18 years engaging in sexually explicit | | conduct is declared to be contraband and may be seized by the | | State. |
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| | | Sec. 5. 17 MRSA §2924, as corrected by RR 1993, c. 2, §8, is | | amended by adding at the end a new paragraph to read: |
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| | | If the State pleads and proves a prior conviction under this | | section or under Title 17-A, section 253, 254, 255, 256, 258 or | | 259, the provisions of subsection 5, paragraphs A to D apply, | | except that the court shall sentence the offender to a period of | | incarceration of at least 36 months and, notwithstanding Title |
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