Sec. 1. 17-A MRSA §284, sub-§1, ķA, as enacted by PL 2003, c. 711, Pt. B, §12, is amended to read:

A. Intentionally or knowingly transports, exhibits, purchases or possesses any book, magazine, newspaper, print, negative, slide, motion picture, computer data file, videotape or other mechanically, electronically or chemically reproduced visual image or material that the person knows or should know depicts another person engaging in sexually explicit conduct, and:

(1) The other person has not in fact attained 14 16 years of age; or

(2) The person knows or has reason to know that the other person has not attained 14 16 years of age;.

Violation of this paragraph is a Class D crime;

Sec. 2. 17-A MRSA §284, sub-§4, as enacted by PL 2003, c. 711, Pt. B, §12, is amended to read:

4. Any material that depicts a person who has not attained 14 16 years of age engaging in sexually explicit conduct is declared to be contraband and may be seized by the State.

Sec. 3. 17-A MRSA §286 is enacted to read:

§286.__Affirmative defense

It is an affirmative defense to section 283 or 284 that the alleged minor depicted in the sexually explicit material is not an actual person or is not a minor.

SUMMARY

Under current law, it is illegal to depict a person under 14 years of age in sexually explicit material. This bill raises the age to under 16 years of age. This bill also creates the affirmative defenses to the crimes of dissemination of sexually explicit material and possession of sexually explicit material that the alleged minor depicted is not an actual person or is not a minor.