Me. Rev. Stat. » Title 17-A
Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 258 (2026)

Sexual misconduct with a child under 14 years of age

✓ current as of May 2026
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1.  A person is guilty of sexual misconduct with a child under 14 years of age if that person, having in fact attained 18 years of age, knowingly displays any sexually explicit materials to another person, not the actor's spouse, who has not in fact attained the age of 14 years, with the intent to encourage the other person to engage in a sexual act or sexual contact. Violation of this subsection is a Class D crime.  
[PL 2003, c. 711, Pt. B, §5 (AMD).]
1-A.  A person is guilty of sexual misconduct with a child under 12 years of age if that person, having in fact attained 18 years of age, knowingly displays any sexually explicit materials to another person, not the actor's spouse, who has not in fact attained 12 years of age, with the intent to encourage the other person to engage in a sexual act or sexual contact. Violation of this subsection is a Class C crime.  
[PL 2003, c. 711, Pt. B, §6 (NEW).]
2.  As used in this section, "sexually explicit materials" means any book, magazine, print, negative, slide, motion picture, videotape or other mechanically reproduced visual material that the person knows or should know depicts a person, minor or adult, engaging in sexually explicit conduct, as that term is defined in section 281.  
[PL 2003, c. 711, Pt. B, §7 (AMD).]
3. 
[PL 2003, c. 711, Pt. B, §8 (RP).]
SECTION HISTORY
PL 1997, c. 143, §1 (NEW). PL 2003, c. 711, §§B5-8 (AMD).
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Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1985–2022 · leading case: State v. Dion, 928 A.2d 746 (Me. 2007).
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State v. Dion, 928 A.2d 746 (Me. 2007). “§ 255-A(l)(E-l); and;sexual misconduct with a child under twelve years of age (Class C), 17-A M.R.S. § 258(1-A). [¶ 16] Dion filed a motion to suppress his statements to the police, arguing that he made involuntary statements in custodial interrogation without having been…”
State of Maine v. Kenneth Frisbee, 2016 ME 83 (Me. 2016). “It thus concluded that “the likelihood that there was in fact distraction is low,” and it denied Frisbee’s motion for a mistrial. [¶ 11] At the conclusion of the trial, the jury found Frisbee guilty of Counts 1, 2, and 4 — both counts of unlawful sexual contact and one count of…”
State of Maine v. Benjamin H. Hodgdon II, 2017 ME 122 (Me. 2017). “[¶ 8] A jury trial was held on March 14, 15, and 16, 2016, 4 and the jury returned a guilty verdict as to Count 5, gross sexual assault (Class A), 17-A M.R.S.A. § 258(1)(B), (4); Count 6, unlawful sexual contact (Class C), 17-A M.”
State v. Aboda, 2010 ME 125 (Me. 2010). “[¶ 5] Aboda was charged with gross sexual assault (Class A) pursuant to 17-A M.R.S. § 258(1)(A), which states that “[a] person is guilty of gross sexual assault if that person engages in a sexual act with another person and .”
In re Child of Ryan F., 2020 ME 21 (Me. 2020). “§ 256 (2018); sexual misconduct with a child under 14 years of age, 17-A M.R.S. § 258 (2018); solicitation of a child to commit a prohibited act, 17-A M.”
State of Maine v. Kevin Carey, 2019 ME 131 (Me. 2019). “2 [¶4] In March 2017, Carey was initially charged by complaint with seven counts of gross sexual assault, one count of unlawful sexual contact, one count of visual sexual aggression against a child, and one count of sexual misconduct with a child (Class C), 17-A M.R.S. §…”
State v. Thompson, 695 A.2d 1174 (Me. 1997). “) pursuant to the jury verdict finding him guilty of two counts of gross sexual misconduct (Class A), *1176 17-A M.R.S.A. § 258 (Supp.1996), two counts of gross sexual assault (Class B), 17-A M.”
State of Maine v. Christopher Shepard, 2022 ME 11 (Me. 2022). “§ 253(1)(C), and one count of sexual 2 misconduct with a child under twelve years of age, 17-A M.R.S. § 258(1-A). The indictment alleged that Shepard had engaged in sexual acts with a minor and that Shepard had displayed sexually explicit materials to a minor under twelve years…”
State of Maine v. Erik L. Vultee, 2015 ME 85 (Me. 2015). · cites it 3× “§ 256(1)(B) (2014); one count of sexual misconduct with a child under twelve (Class C), 17-A M.R.S. § 258(1-A) (2014); and one count of unlawful sexual touching (Class D), 17-A M.”
State v. Meyer, 497 A.2d 1127 (Me. 1985). “The sole question in defendant Siegfried Meyer’s appeal from his conviction in Superior Court (Cumberland County) on two counts of Class C gross sexual misconduct, 17-A M.R.S.A. § 258(2)(B) (1983), is whether from the evidence at trial the jury could rationally find beyond a…”
— Me. Rev. Stat. tit. 17-A, § 258(1)(A) — 1 case
State v. Aboda, 2010 ME 125 (Me. 2010). “[¶ 5] Aboda was charged with gross sexual assault (Class A) pursuant to 17-A M.R.S. § 258(1)(A), which states that “[a] person is guilty of gross sexual assault if that person engages in a sexual act with another person and .”
— Me. Rev. Stat. tit. 17-A, § 258(1)(B) — 2 cases
State of Maine v. Kenneth Frisbee, 2016 ME 83 (Me. 2016). “It thus concluded that “the likelihood that there was in fact distraction is low,” and it denied Frisbee’s motion for a mistrial. [¶ 11] At the conclusion of the trial, the jury found Frisbee guilty of Counts 1, 2, and 4 — both counts of unlawful sexual contact and one count of…”
State of Maine v. Benjamin H. Hodgdon II, 2017 ME 122 (Me. 2017). “[¶ 8] A jury trial was held on March 14, 15, and 16, 2016, 4 and the jury returned a guilty verdict as to Count 5, gross sexual assault (Class A), 17-A M.R.S.A. § 258(1)(B), (4); Count 6, unlawful sexual contact (Class C), 17-A M.”
— Me. Rev. Stat. tit. 17-A, § 258(2)(B) — 1 case
State v. Meyer, 497 A.2d 1127 (Me. 1985). “The sole question in defendant Siegfried Meyer’s appeal from his conviction in Superior Court (Cumberland County) on two counts of Class C gross sexual misconduct, 17-A M.R.S.A. § 258(2)(B) (1983), is whether from the evidence at trial the jury could rationally find beyond a…”
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