MaineMaine law criminalizes altered and computer-made sexual images of minors
People who alter a child's image or create, share, or possess certain obscene images that appear to show minors can face criminal penalties under this law, effective upon approval.
What it does
Intentionally changing an identifiable child's image to create sexual abuse material is a Class B crime. An exception applies if the child was 14 or 15 and the person was less than five years older.
Creating, sharing, or possessing obscene sexual abuse material that depicts or appears to depict a minor is a crime. This includes computer-made images, and the person must know or have reason to know what the material is.
Specified offenses carry higher crime classes when they involve a child under 12 or a person with a prior conviction. Minimum prison terms are five years for listed offenses and ten years for listed repeat offenses.
Argument forCriminal penalties could discourage people from altering children's images or creating sexual images that appear to show minors.
Argument againstA person could face criminal charges for making, sharing, or possessing obscene computer-made images that appear to show minors, even if no identifiable child appears.
More detail
The law makes intentionally or knowingly changing an identifiable child's image to create child sexual abuse material a Class B crime. The image must be altered to appear to show an identifiable child engaged in sexually explicit conduct. The exception applies if the child was 14 or 15 and the person was less than five years older.
The law makes it a crime to create, share, or possess obscene child sexual abuse material, including computer-made images. The material may depict or appear to depict a minor engaged in sexually explicit conduct, whether or not the child is identifiable. The person must know or have reason to know the material is child sexual abuse material. The material must meet the law's obscenity test, which considers its sexual content, appeal to the average person, and serious value.
The law sets higher crime classes and minimum prison terms for specified offenses involving a child under 12 or a person with a prior conviction. The higher crime classes apply to specified sexual exploitation, sharing, and possession offenses. Prior convictions must be under this law or for substantially similar conduct elsewhere. For computer-made material that appears to depict a child under 12, the person must know or have reason to know that it appears to depict a child under 12. A court may suspend a minimum prison term only if it gives detailed written reasons and finds exceptional features justify another sentence.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 16Signed by Governor Janet MillsLatest
- Apr 14Subsequently, PASSED TO BE ENACTED - Emergency - 2/3 Elected Required, in concurrence.Passed 2nd Chamber
- Apr 14On motion by Senator ROTUNDO of Androscoggin taken from the Special Appropriations Table
- Feb 26On motion by Senator ROTUNDO of Androscoggin PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending ENACTMENT - Emergency -2/3 Elected Required in concurrence.
- Feb 24Sent for concurrence. ORDERED SENT FORTHWITH.
- Vote recorded Enactment - Emer. Result: pass.Lower
- Feb 24(Yeas 128 - Nays 0 - Absent 20 - Excused 1 - Vacant 2)
- Feb 24ROLL CALL NO. 619
- Feb 24PASSED TO BE ENACTED.Became Law
- Feb 24This being an emergency measure, a two-thirds vote of all the members elected to the House was necessary.
- Feb 12Ordered sent down forthwith.
- Feb 12READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (H-789), in concurrence.Minor
- Feb 12COMMITTEE ON BILLS IN THE SECOND READING REPORTS NO FURTHER VERBAL AMENDMENTS NECESSARY. REPORT ACCEPTED.
- Feb 10ASSIGNED FOR SECOND READING NEXT LEGISLATIVE DAY.
- Vote recorded ACCEPTANCE OF REPORT. Result: pass.Upper
- Feb 10Committee Amendment "A" (H-789) READ and ADOPTEDMinor
- Feb 10Bill READ ONCEMinor
- Feb 10Roll Call Ordered Roll Call Number 710 Yeas 32 - Nays 0 - Excused 3 - Absent 0
- Feb 10ACCEPTANCE of the OUGHT TO PASS AS AMENDED by Committee Amendment "A" (H-789) Report PREVAILED.
- Feb 10Taken from the table by the President
- Feb 10On motion by Senator STEWART of Aroostook Tabled until Later in Today's Session, pending ACCEPTANCE of the Ought to Pass As Amended by Committee Amendment "A" (H-789) Report. Roll Call Ordered
- Feb 10Report READ.
- Feb 3Sent for concurrence. ORDERED SENT FORTHWITH.
- Feb 3The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-789).Minor
- Feb 3Under suspension of the rules CONSENT CALENDAR - SECOND DAY.
- Feb 3CONSENT CALENDAR - FIRST DAY
- Jan 29Reported Out - OTP-AM
- Jan 14Voted - OTP-AM
- Jan 14Work Session Reconsidered
- Jan 6Voted - OTP-AM
- Jan 6Work Session Held
- 2025
- Jun 25Carried over, in the same posture, to any special or regular session of the 132nd Legislature, pursuant to Joint Order SP 800.
- May 19Carry Over Approved
- May 19Carry Over Approved
- May 19Carry Over Requested
- Mar 21Carried over, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.
- Feb 11The Bill was REFERRED to the Committee on JUDICIARY in concurrenceMinor
- Feb 11Sent for concurrence. ORDERED SENT FORTHWITH.
- Feb 11The Bill was REFERRED to the Committee on JUDICIARY.Minor
- Feb 11Committee on Judiciary suggested and ordered printed.Introduced
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