| 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| | Sec. 3. 17 MRSA §2924, sub-§5, as enacted by PL 1993, c. 727, §2, is | repealed and the following enacted in its place: |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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