| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. A-1. 17 MRSA §2922, sub-§1, as amended by PL 2003, c. 452, Pt. I, | | §47 and affected by Pt. X, §2, is further amended to read: |
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| | | 1. Offense. A person is guilty of sexual exploitation of a | | minor if: |
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| | | A. Knowing or intending that the conduct will be | | photographed, the person intentionally or knowingly employs, | | solicits, entices, persuades, uses or compels another | | person, not that person's spouse, who is in fact a minor, to | engage in sexually explicit conduct; or | | paragraph is a Class B crime; |
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| | | A-1. The person violates paragraph A and, at the time of | | the offense, has one or more prior convictions for violating | this section; | | crime; |
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| | | A-2.__The person violates paragraph A and the minor has not | | in fact attained 12 years of age.__Violation of this | | paragraph is a Class A crime; |
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| | | A-3.__The person violates paragraph A and, at the time of | | the offense, the person has one or more prior convictions | | for violating this section and the minor has not in fact | | attained 12 years of age.__Violation of this paragraph is a | | Class A crime; |
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| | | B. Being a parent, legal guardian or other person having | care or custody of another person, | | that person knowingly or intentionally permits that minor to | | engage in sexually explicit conduct, knowing or intending | that the conduct will be photographed; or | | this paragraph is a Class B crime; |
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| | | B-1.__The person violates paragraph B and the minor has not | | in fact attained 12 years of age.__Violation of this | | paragraph is a Class A crime; |
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| | | C. The person violates paragraph B and, at the time of the | | offense, has one or more prior convictions for violating | | this section. Violation of this paragraph is a Class A | | crime; or |
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