Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 282 (2026)

Sexual exploitation of minor

✓ current as of May 2026
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1.  A person is guilty of sexual exploitation of a minor if:  
A. Knowing or intending that the conduct will be photographed, the person intentionally or knowingly employs, solicits, entices, persuades or uses another person, not that person's spouse, who has not in fact attained 16 years of age, to engage in sexually explicit conduct, except that it is not a violation of this paragraph if the other person is 14 or 15 years of age and the person is less than 5 years older than the other person. Violation of this paragraph is a Class B crime;   [PL 2015, c. 394, §1 (AMD).]
A-1. Knowing or intending that the conduct will be photographed, the person intentionally or knowingly compels or induces by any threat another person, not that person's spouse, who is in fact a minor, to engage in sexually explicit conduct. Violation of this paragraph is a Class B crime;   [PL 2015, c. 394, §1 (NEW).]
B. The person violates paragraph A or A‑1 and, at the time of the offense, the person has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class A crime;   [PL 2015, c. 394, §1 (AMD).]
C. The person violates paragraph A or A‑1 and the minor has not in fact attained 12 years of age. Violation of this paragraph is a Class A crime;   [PL 2015, c. 394, §1 (AMD).]
D. Being a parent, legal guardian or other person having care or custody of another person who has not in fact attained 16 years of age, that person knowingly or intentionally permits that person who has not in fact attained 16 years of age to engage in sexually explicit conduct, knowing or intending that the conduct will be photographed. Violation of this paragraph is a Class B crime;   [PL 2015, c. 394, §1 (AMD).]
E. The person violates paragraph D and, at the time of the offense, the person has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class A crime; or   [PL 2007, c. 476, §5 (AMD).]
F. The person violates paragraph D and the minor has not in fact attained 12 years of age. Violation of this paragraph is a Class A crime.   [PL 2003, c. 711, Pt. B, §12 (NEW).]
[PL 2015, c. 394, §1 (AMD).]
2.  The following mandatory minimum terms of imprisonment apply to sexual exploitation of a minor.  
A. A court shall impose upon a person convicted under subsection 1, paragraph A, A‑1 or D a sentencing alternative involving a term of imprisonment of at least 5 years.   [PL 2015, c. 394, §2 (AMD).]
B. A court shall impose upon a person convicted under subsection 1, paragraph B or E a sentencing alternative involving a term of imprisonment of at least 10 years.   [PL 2003, c. 711, Pt. B, §12 (NEW).]
The court may not suspend a minimum term of imprisonment imposed under this section unless it sets forth in detail, in writing, the reasons for suspending the sentence. The court shall consider the nature and circumstances of the crime, the physical and mental well-being of the minor and the history and character of the defendant and may only suspend the minimum term if the court is of the opinion that the exceptional features of the case justify the imposition of another sentence. Section 9‑A governs the use of prior convictions when determining a sentence.  
[PL 2015, c. 394, §2 (AMD).]
3.  Aggravating sentencing factor of victim under 12 years of age.  If the State pleads and proves that a crime under this section was committed against an individual who had not attained 12 years of age, the court, in determining the appropriate sentence, shall treat the age of the victim as an aggravating sentencing factor.  
[PL 2019, c. 113, Pt. B, §15 (NEW).]
SECTION HISTORY
PL 2003, c. 711, §B12 (NEW). PL 2007, c. 476, §§4, 5 (AMD). PL 2015, c. 394, §§1, 2 (AMD). PL 2019, c. 113, Pt. B, §15 (AMD).
Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 2005–2026 · leading case: State of Maine v. Andrew J. Legassie, 2017 ME 202 (Me. 2017).
State of Maine v. Andrew J. Legassie, 2017 ME 202 (Me. 2017). · cites it 7× “§ 152(1)(C) (2016); 17-A M.R.S. § 282(1)(A) (2014), one count of sexual exploitation of a minor (Class B), 17-A M.”
State of Maine v. Eric Bard, 2018 ME 38 (Me. 2018). · cites it 2× “§ 253(1)(C) (2017), sexual exploitation of a minor (Class A), 17-A M.R.S. § 282(1)(C) (2012), 1 and unlawful sexual contact (Class B), 17-A M.”
State of Maine v. Ricky Whitney, 2024 ME 49 (Me. 2024). · cites it 7× “7 Because there was insufficient evidence to prove this element of the crime, we need not address Whitney’s other arguments on appeal, including whether 17-A M.R.S. § 282 requires that the minor actually engage in sexually explicit conduct as an element of the offense.”
State v. Bailey, 2010 ME 15 (Me. 2010). · cites it 2× “§ 253(1)(B); one count of sexual exploitation of a minor (Class B), 17-A M.R.S. § 282(1)(A) (2009); and two counts of unlawful sexual contact (Class C), 17-A M.”
Walker v. State, 69 A.3d 1066 (Md. 2013). “§ 13-3553 (2013) (defining sexual exploitation as “[rjecording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitative exhibition or other sexual conduct” or distributing, receiving, possessing, or otherwise…”
United States v. Rogers, 521 F.3d 5 (1st Cir. 2008). “§ 2922(1)(A) (now 17-A M.R.S.A. § 282), based on his having caused Child A and Child B to engage in “sexually explicit *8 conduct” “knowing or intending that the conduct would be photographed” (Counts 2 and 4); and (3) “sexual abuse of a minor” in violation of 17-A M.”
State v. Samson, 916 A.2d 977 (Me. 2007). “711, §§ B-l, B-12 (effective July 30, 2004) (codified at 17-A M.R.S. § 282 (2006)). . Title 17-A M.”
In re Nicholas G., 200 A.3d 783 (Me. 2019). · cites it 2× “§ 255-A(1)(F-1) (2017), sexual exploitation of a minor under age twelve (Class A), 17-A M.R.S. § 282(1)(C) (2010), 2 visual sexual *786 aggression against a child (Class C), 17-A M.”
Sarah G. v. Maine Bonding & Cas. Co., 2005 ME 13 (Me. 2005). “711 *837 § B-12 (effective July 30, 2004), codified at 17-A M.R.S.A. § 282 (Supp. 2004). 3 . The complaint alleged that Lewis and the Chalet Motel had an innkeeper duty to protect guests from foreseeable injuries.”
In re Child of Ryan F., 2020 ME 21 (Me. 2020). “and the minor victim submitted as a result of compulsion, the presumption applies regardless These offenses include sexual exploitation of a minor, 17-A M.R.S. § 282 (2018); gross sexual 3 assault, 17-A M.”
State v. Berke, 2010 ME 34 (Me. 2010). “Berke was charged with three counts of sexual exploitation of a minor under 12 (Class A), 17-A M.R.S. § 282(1)(C) (2009); four counts of gross sexual assault (Class A), 17-AM.”
State of Maine v. Jared D. Jandreau, 2022 ME 59 (Me. 2022). “Jandreau appeals from a judgment convicting him of seventeen counts of sexual exploitation of a minor under the age of twelve (Class A), 17-A M.R.S. § 282(1)(C) (2022), five counts of unlawful sexual contact (Class B), 17-A M.”
— Me. Rev. Stat. tit. 17-A, § 282(1)(A) — 4 cases
State of Maine v. Andrew J. Legassie, 2017 ME 202 (Me. 2017). “§ 152(1)(C) (2016); 17-A M.R.S. § 282(1)(A) (2014), one count of sexual exploitation of a minor (Class B), 17-A M.”
State v. Bailey, 2010 ME 15 (Me. 2010). “§ 253(1)(B); one count of sexual exploitation of a minor (Class B), 17-A M.R.S. § 282(1)(A) (2009); and two counts of unlawful sexual contact (Class C), 17-A M.”
State of Maine v. Ricky Whitney, 2024 ME 49 (Me. 2024). “7 Because there was insufficient evidence to prove this element of the crime, we need not address Whitney’s other arguments on appeal, including whether 17-A M.R.S. § 282 requires that the minor actually engage in sexually explicit conduct as an element of the offense.”
State of Maine v. Sean Eori, 2026 ME 25 (Me. 2026).
— Me. Rev. Stat. tit. 17-A, § 282(1)(C) — 6 cases
State of Maine v. Eric Bard, 2018 ME 38 (Me. 2018). “§ 253(1)(C) (2017), sexual exploitation of a minor (Class A), 17-A M.R.S. § 282(1)(C) (2012), 1 and unlawful sexual contact (Class B), 17-A M.”
In re Nicholas G., 200 A.3d 783 (Me. 2019). “§ 255-A(1)(F-1) (2017), sexual exploitation of a minor under age twelve (Class A), 17-A M.R.S. § 282(1)(C) (2010), 2 visual sexual *786 aggression against a child (Class C), 17-A M.”
State v. Berke, 2010 ME 34 (Me. 2010). “Berke was charged with three counts of sexual exploitation of a minor under 12 (Class A), 17-A M.R.S. § 282(1)(C) (2009); four counts of gross sexual assault (Class A), 17-AM.”
State of Maine v. Jared D. Jandreau, 2022 ME 59 (Me. 2022). “Jandreau appeals from a judgment convicting him of seventeen counts of sexual exploitation of a minor under the age of twelve (Class A), 17-A M.R.S. § 282(1)(C) (2022), five counts of unlawful sexual contact (Class B), 17-A M.”
State of Maine v. Bethany Ringuette, 2022 ME 61 (Me. 2022).
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